Shaik Abdullah v. The State By, The Inspector Of Police (L And O),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6968 of 2025 Shaik Abdullah .. Petitioner Vs.

The State rep by The Inspector of Police (L&O), N1, Police Station, Royapuram.

(Crime No.182 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.182 of 2025 on the file of the respondent Police. For Petitioner : M/s.S.Mannarsamy For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 406, 506(2) of IPC in Crime No.182 of 2024, seeks anticipatory bail. Page No.1 of 6

2.

The case of the prosecution is that the petitioner and the defacto complainant are the relatives; that the petitioner allegedly retained the original title documents belonging to the defacto complainant and also threatened the defacto complainant with dire consequences. 3.

The learned counsel appearing for the petitioner submitted that the allegations are false; that the defacto complainant is due to pay Rs.3,00,000/- to the petitioner and the civil suit is pending in O.S.No.1103 of 2025 and sought for anticipatory bail to the petitioner. 4.

The learned counsel appearing for the defacto complainant vehemently opposed the grant of anticipatory bail to the petitioner and submitted that the defacto complainant handed over the original documents to the petitioner in the year 2017.

5.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner and the defacto complainant are relatives.

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6.

Considering the aforesaid facts, the nature of allegations, the dispute is between the relatives, and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the XVI George Town Court, Metropolitan Magistrate Court, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall appear before the respondent police daily at Page No.3 of 6

10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial. [e] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

12.03.2025 Index : Yes / No Internet : Yes / No dpa To Page No.4 of 6

1.The Inspector of Police (L&O), N1, Police Station, Royapuram.

2. The XVI George Town Court, Metropolitan Magistrate Court, Chennai 3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

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Crl.O.P.No.6968 of 2025 12.03.2025 Page No.6 of 6