Mustafa v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14460 of 2025 1.Mustafa 2.Akbar 3.Abbas 4.Mariyam Beebee 5.Mumtaj Begam 6.Prakash ... Petitioners

Versus

The State rep by, The Inspector of Police, N2-Kasimedu Police Station, Chennai-600013 (Crime No.200 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police pending investigation in Crime No.200 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Sriram V For Respondent :

Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

ORDER

The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS and Section 4 of TNPHW Act in Crime No.200 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners are alleged to have abused the defacto complainant in filthy language and threatened her with dire consequences and also assaulted her. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that due to previous enmity, the 2/6

petitioners are alleged to have abused the defacto complainant in filthy language and threatened her with dire consequences and also assaulted her.. Hence, he opposed to grant anticipatory bail to the petitioners. 5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned XVI Metropolitan Magistrate Court, George Town, Chennai, on condition that the petitioners 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 learned Magistrate concerned and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. 3/6

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with the 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 are released on anticipatory 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 229-A IPC.

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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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Inspector of Police, N2-Kasimedu Police Station, Chennai-600013

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

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L.VICTORIA GOWRI, J.

Anu 08.05.2025 6/6