Jahabar Ali v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 8214 of 2025 Jahabar Ali Petitioner(s) Vs The State Represented by, The Inspector Of Police, Mannargudi Town Police Station, Thiruvarur District.
(Crime No.43 of 2025) Respondent(s) For Petitioner(s):
Mr.Swami Subramanian For Respondent(s):
Mr.S.Balaji, Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 333, 140, 127(2), 115(2), 351(3) of BNS in Crime No.43 of 2025 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that, the de facto complainant had obtained a sum of Rs.15 lakhs on the promise of getting a Government Job for the eighth accused; that thereafter, he failed to secure the job and returned only a sum of Rs.7,50,000/- and since, he failed to pay the balance amount, the accused had kidnapped him and assaulted him.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that the coaccused have already been arrested and released on bail and that prayed for anticipatory bail for the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there is no bad antecedents against the petitioner.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that 2 / 4
the co-accused have been released on bail and that the petitioner has no bad antecedents and since, custodial interrogation 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 made ready, before the learned Judicial Magistrate No.I, Mannargudi, Thiruvarur District, on condition that the petitioner shall execute a separate 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 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 report before the respondent Police everyday at 05.30 p.m., until further orders; SUNDER MOHAN J.
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ham [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 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 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
ham 26-03-2025 To
1. The Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.
2. The Judicial Magistrate No.I, Mannargudi, Thiruvarur District.
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