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2026 DAILYLAW 48705 (MAD)

Abdul Kadar Zailani v. The State of Tamil Nadu Rep by

CRL OP(MD)/14076/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.14076 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 14076 of 2026 Abdul Kadar Zailani ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Shencottai Police Station, Tenkasi District. (Crime No.248 of 2026) ...Respondent/Complainant For Petitioner : Mr.K.Sasiprabha Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 248 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 12.06.2026 for the offences punishable under Sections 309(4), 311 of BNS, in Crime No.248 of 2026 on the file of the respondent police, seeks 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14076 of 2026 bail. 2. The case of the prosecution is that the petitioner herein ranked as A3, who joining hands with other accused way laid and robbed mobile phone worth about Rs.18,000/- and also gold chain worth about Rs.1,000/-. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has no previous case. The petitioner is in custody from 12.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has one previous case. The property was recovered. Investigation in this case is still pending. Hence, he prays to dismiss this application. 5. This Court heard both sides and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14076 of 2026 6. Considering the facts and circumstances of the case, though the petitioner has one previous cases, the property was recovered and considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Shencottai, and on further conditions that: [b] he petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [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 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14076 of 2026 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 Judicial Magistrate/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 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 13.07.2026 TM To 1.The Judicial Magistrate No.II, Shencottai. 2.The Inspector of Police, Shencottai Police Station, Tenkasi District. (Crime No.248 of 2026) 3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14076 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14076 of 2026 Date : 13.07.2026 5/5 https://www.mhc.tn.gov.in/judis