High Court · 2025

CRL OP(MD). No.9721 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 11.06.2025PRESENTThe HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD). No.9721 of 2025Lathif Moulana,S/o.Raja Mohammed ...Petitioner / Accused No.1 VsThe State of Tamil Nadu,Rep by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District. (Crime No.1051 of 2021) ... Respondent/ Complainant For Petitioner : M/s.P.Krishnaveni, Advocate. For Respondent :Mr.B.Thanga Aravindh,Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023.PRAYER :- For Bail in Crime No.1051 of 2021 on the file of the respondent police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9721 of 2025ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on12.01.2024. The petitioner was facing trial before learned Additional District andSessions Judge, Dindigul in S.C.No.78 of 2022 for the offences punishable underSections 294(b), 302 read with Sections 34, 120(B) and 109 of the Indian Penal Code,1860, in Crime No.1051 of 2021 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with his friends,conspired and, in furtherance of the said conspiracy, committed a murder atKotiyapatti Road. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is aninnocent and he has not committed any offence as alleged by the prosecution. Hewould further submit that a false case has been foisted against the petitioner. Hewould further submit that the petitioner was arrested on 12.01.2024. He wouldfurther submit that due to non-appearance of the petitioner before the learnedAdditional District and Sessions Court, Dindigul, on 13.09.2023, a Non-BailableWarrant (N.B.W.) was issued against him. Pursuant to the execution of the saidN.B.W., he was arrested by the respondent police and was remanded to judicialcustody on 12.01.2024. Subsequently, he filed a bail application before this Court in2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9721 of 2025Crl.O.P.(MD) No.4947 of 2024, which was dismissed on 15.04.2024. Thereafter, hefiled another petition in Crl.O.P.(MD) No.10138 of 2024, which was allowed on27.08.2024. The petitioner had duly produced the sureties as directed. However, hecould not be released, as he was also in judicial custody in another case, namely S.C.No.75 of 2024. While this was the situation, the respondent police obtained aPrisoner Transit (PT) Warrant in the present case and produced the petitioner on21.11.2024 for trial. However, on 05.12.2024, the respondent police informed theTrial Court that the petitioner would be produced on PT Warrant, but failed to doso. Consequently, a fresh Non-Bailable Warrant was issued against the petitioner,and he was once again remanded on 27.02.2025 before the Additional District andSessions Judge, Dindigul — despite no fault on his part. He would further submitthat he was not absconding or at large, but was continuously in judicial custody. Itwas the responsibility of the respondent police to produce him before the concernedcourt, and their failure to do so led to the issuance of the second warrant unjustly.He would further submit that the petitioner is in custody from 12.01.2024. Hence, heseeks bail.4. The learned Government Advocate (Criminal Side) would submit that thepetitioner was already granted bail by this Court on 27.08.2024 in Crl.O.P.(MD)No.10138 of 2024. However, due to his non-appearance, a fresh Non-Bailable3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9721 of 2025Warrant was issued against him, and he was subsequently remanded again on27.02.2025 before the Additional District and Sessions Judge, Dindigul. He wouldfurther submit that the petitioner is also involved in another case in Crime No.363 of2018, registered for the offences punishable under Sections 302 and 506(ii) of IPC,and the said case is currently pending. He, however, contends that if bail is grantedto the petitioner, there is a likelihood that he may evade the trial proceedings andtamper with the evidence. He, therefore, opposes the grant of bail to the petitioner. 5. This Court has heard the learned counsel on both sides and perused thematerials available on record.6. Taking into consideration the facts and circumstances of the case and thenature of the offence allegedly committed by the petitioner and also taking intoconsideration the period of incarceration and also considering the stage of the case,this court is inclined to grant bail to the petitioner, however, subject to the followingconditions:7. Accordingly, the petitioner is ordered to be released on bail on his executinga bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with twosureties, each for a like sum to the satisfaction of the learned Additional District andSessions Judge, Dindigul and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9721 of 2025surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity. [b] the petitioner shall furnish his residential address and mobile number tothe learned Additional District and Sessions Judge, Dindigul. If the petitionerchanges his residential address, he shall report the same to the learned AdditionalDistrict and Sessions Judge, Dindigul.[c] the petitioner shall appear and sign before the learned Additional Districtand Sessions Judge, Dindigul on all working days at 10.30 a.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial.[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS, 2023.8. In the result, this Criminal Original Petition is allowed subject to the5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9721 of 2025conditions stated supra. sd/- 11/06/2025 / TRUE COPY / 11/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal TO1. The Additional District and Sessions Judge, Dindigul.2. The Superintendent, Central Prison, Trichy.3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-6189[I] dated 11/06/2025 ) ORDER IN CRL OP(MD) No.9721 of 2025 Date :11/06/2025 HPS/11.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6