Mohammed Affan v. The State Rep. By Sub- Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2026
CORAM
THE HON'BLE MR. JUSTICE K. RAJASEKAR Mohammed Affan ..Petitioner(s) Vs The State Rep. by Sub- Inspector of Police, Ambur Taluk Police Station, Tirupattur District.
(Crime No.90 of 2025) ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No.90/2025 on the file of the respondent police. For Petitioner(s):
M/s V.Krishnamoorthy For Respondent(s):
Ms.J.R.Archana, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hand of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), and 351(3) of the BNSSS 2023 read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.90 of 2025, seeks anticipatory bail.
2. The allegation against the petitioner is that due to prior dispute over the
management of a butcher shop, the petitioner along with other accused abused the defacto complainant in filthy language, abused him with knife, causing severe injuries. Hence a complaint has been registered.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused (A2) already been arrested and released on bail and the petitioner undertakes to cooperate with the investigation and prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that petitioner herein has pushed down the defacto complainant and he has not attacked any person with knife. She further submitted the investigation in this case is still pending and petitioner has no previous case pending against him and opposed for grant of anticipatory bail to the petitioner.
5. Considering the specific over tact levelled against the petitioner in this case and the fact that the petitioner has no previous cases pending against him
and the custodial interrogation of the petitioner is not necessary, I am inclined to grant anticipatory bail to the petitioner subject to following conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.I, Vaniyambadi, on condition that the petitioner shall 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 Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation.
[b] 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioner shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and
the petitioners 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 5560].
[e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
17-02-2026 Index: Yes/No Speaking/Non-speaking order JAI To
1. The Sub- Inspector of Police, Ambur Taluk Police Station, Tirupattur District.
2. The Judicial Magistrate Court No.I, Vaniyambadi.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
JAI 17-02-2026