Ajmath Husen v. State rep by, The Inspector of Police
CRL OP/21828/2026 · 2026-08-07
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 59801 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 59801 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 21828 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21828 of 2026 Ajmath Husen ..Petitioner Vs State rep by, The Inspector of Police Amaravathi Police Station, Tiruppur City. Crime No.34 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.34 of 2026 on the file of the respondent Police, pending trial, by allowing this Criminal Original Petition under Section 483 of the BNSS 2023. For Petitioner: Mr.D.Raja For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 17.04.2026 for the alleged offences under Sections 296(b) and 103 of the BNS, 2023 in Crime No.34 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 21828 of 2026 __________ Page2 of 6
2. The case of the prosecution is that due to certain matrimonial disputes between the petitioner and the daughter of the deceased, the petitioner allegedly went to the house of the deceased, picked up a quarrel and attacked her with a knife, causing grievous injuries. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that petitioner has no criminal antecedents. He further submitted the petitioner got enraged with his mother-in-law on account of her support to his wife, against whom this petitioner has got matrimonial discord. He further submitted that the occurrence current took place on 17.04.2026 and remanded on the same day. He further submitted the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the major portion of the investigation had been completed. He further submitted that the petitioner has been incarcerated since 17.04.2026. However, fairly conceded that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and https://www.mhc.tn.gov.in/judis
CRL OP No. 21828 of 2026 __________ Page3 of 6 perused the materials available on record. 6.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances, and upon the fact the petitioner has no criminal antecedents and upon the submission made by the learned Govt Advocate (Crl.Side) that major portion of the investigation has been completed, considering the period of incarceration of the petitioner, this Court is of the firm view, further custody of the petitioner for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Udumalpet, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., and 05.30 p.m until further https://www.mhc.tn.gov.in/judis
CRL OP No. 21828 of 2026 __________ Page4 of 6 orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07-08-2026 SHL Note:
1.
Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis
CRL OP No. 21828 of 2026 __________ Page5 of 6 To:
1. The Judicial Magistrate No.1, Udumalpet 2 The Central Prison. Coimbatore. 3. The Inspector of Police, Amaravathi Police Station Tiruppur City
4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis
CRL OP No. 21828 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 21828 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis