Noor Sadiq v. The State Rep By, The Inspector Of Poilce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 9031 of 2025

1. Noor Sadiq

2. Mohamed Yasir

3. Jahabar Sadiq

4. Habeeb Noordeen Petitioner(s) Vs The State Represented by, The Inspector of Police, Nagore Police Station, Nagapattinam District. (Crime No.67 of 2025) Respondent(s) For Petitioner(s):

Mr.M.Sarathkumar For Respondent(s):

Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioners on anticipatory bail in the event of their arrest by the Respondent in Crime No.67 of 2025 on the file of the Respondent.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 126(2), 127, 142, 296(b), 115(2), 118(1), 351(3), 303(2), 127(8) of BNS, in Crime No.67 of 2025, on the 1 / 5

file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, the petitioners had abused the de facto complainant in filthy language; attacked him and that committed theft of his horse cart.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent; that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail for the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, who are arrayed as A1, A3, A4 and A5, reiterated the prosecution case and on instructions, submitted that the injured has been discharged from the hospital, the stolen property was recovered and that A3 and A5 have no bad antecedents and in respect of A1 and A4, several previous cases which were registered before 2018 are pending and they are on bail in those cases.

5. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the 2 / 5

materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the injured has been discharged, the stolen property has also been recovered, and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Nagapattinam, on condition that the petitioners shall execute a separate bond each 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 petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and 3 / 5

the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

SUNDER MOHAN J.

ham [b] the petitioners shall report before the respondent Police as and when required for interrogation; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

ham 26-03-2025 To 4 / 5

1. The Inspector Of Police, Nagore Police Station, Nagapattinam District.

2. The Judicial Magistrate No.II, Nagapattinam. CRL OP No. 9031 of 2025 5 / 5