Madras High Court
Kaleel Ahamed vs State Of Tamilnadu Rep By Inspector Of … on 20 May, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
CRL OP(MD). No.9710 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9710 of 2026
Kaleel Ahamed
... Petitioner/Accused
Vs
State of Tamilnadu Rep by
Inspector of Police,
SS Colony Police Station,
Madurai District.
Crime No.487 of 2019..
... Respondent/Complainant
For Petitioner : Mr.S.Muniyandi,
For Respondent : Mr.R.Meenakshi Sundaram,
Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No.487 of 2019 on the file of the Respondent Police.
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CRL OP(MD). No.9710 of 2026
ORDER :
The Court made the following order :-
The petitioner, who was arrested on execution of NBW on
12.08.2025 and facing trial in S.C.No.183 of 2020 on the file of the
Additional District & Sessions Court, Madurai for the offences under
Sections 147, 447, 294(b), 324, 302 IPC in Crime No.487 of 2019 on the
file of the respondent Police, seeks bail.
2. The case of the prosecution is that due to previous enmity, the
accused persons conspired together, abused the deceased in filthy
language and assaulted him with Aruval and other deadly weapons, as a
result of which the deceased died on the spot. Hence, the complaint.
3. The learned counsel for the petitioner submitted that he is an
innocent person and not committed any offence as alleged by the
prosecution. In this case, though charge sheet was taken on file in the
year 2020, trial was not yet commenced. Even for non-appearance for a
single day, NBW was issued and the petitioner was remanded into
judicial custody. The trial Court had rejected the application filed by the
petitioner for grant of bail. Hence, he seeks bail for the petitioner.
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CRL OP(MD). No.9710 of 2026
4. The learned Additional Public Prosecutor submitted that due to
the non-appearance of the petitioner, a Non-Bailable Warrant had been
issued against him and that if he is released on bail, there is a likelihood
of his absconding, which would affect the trial. Further, the petitioner has
11 previous cases to his credit. Considering the nature of the offence, he
strongly opposed the grant of bail to the petitioner.
5. This Court heard both sides and perused the materials available
on record.
6.On perusal of the order passed by the trial Court in Crl.M.P.No.
337 of 2026, dated 29.01.2026, it is revealed that though the petitioner
has been regularly appearing before the Court from the year 2020, he was
absent on 18.07.2025, for which a Non-Bailable Warrant was issued
against him by dismissing the petition filed by him under Section 317
Cr.P.C. On execution of NBW, the petitioner was remanded to judicial
custody on 12.08.2025. Even for a single non-appearance, a NBW was
issued against him and detained in judicial custody.
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CRL OP(MD). No.9710 of 2026
7.Considering the fact that the petitioner had already been granted
bail and thereafter, due to his non-appearance, a NBW was issued and
also considering the long period of incarceration undergone by the
petitioner, this Court is inclined to grant bail to the petitioner subject to
the following conditions:
[a] Accordingly, the petitioner is ordered to be released
on bail on condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
each for a like sum to the satisfaction of the learned I
Additional District Judge, Madurai and on further conditions
that:
[b] the petitioner shall co-operate with the trial before
the learned I Additional District Judge, Madurai till the
disposal of SC No.183 of 2020.
[c] the petitioner shall not commit any offence similar to
the offence of which he is accused, or suspected, or of the
commission of which he/she is suspected;
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CRL OP(MD). No.9710 of 2026[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade her from disclosing
such facts to the Court or to any police officer or tamper with
the evidence;
[f] On breach of any of the aforesaid conditions, the
learned Judge/Trial Court is entitled to take appropriate action
against the petitioner in accordance with law as if the
conditions have been imposed and the petitioner released on
bail by the learned Judge/Trial Court himself as laid down by
the Hon’ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 BNS.
(R V J)
20.05.2026
PNM5/7
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CRL OP(MD). No.9710 of 2026TO
1. The I Additional District & Sessions Court, Madurai
2. Do-Through The Chief Judicial Magistrate,
Madurai District.
3. The Superintendent, Central Prison, Madurai.
4. The Inspector of Police, SS Colony Police Station,
Madurai District.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.6/7
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CRL OP(MD). No.9710 of 2026
R.VIJAYAKUMAR,J
PNM
ORDER
IN
CRL OP(MD) No.9710 of 2026
Date : 20/05/2026
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