Asrapali @ Ashrafali v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Asrap Ali @ Ashraf Ali ... Petitioner -VsThe State Represented by The Inspector of Police, Koothanallur Police Station, Thiruvarur District.

(Cr.No.132 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 arrest in Crime No.132 of 2025 on the file of respondent Police.

For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable u/s 126(2), 324(4), 324(5), Page No.1 of 6

131 and 351(3) of BNS, 2023, in Crime No.132 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.05.2025 at about 08.30p.m., when the defacto complainant was returning after night prayers from Koothanallur Periyapalli gate, the petitioner allegedly intercepted him and picked up a quarrel regarding a monetary transaction. He attempted to assault the defacto complainant with a knife and caused damage to his mobile phone. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case due to a prior financial dispute with the defacto complainant, which was already repaid by the petitioner. Hence, he prays for anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from Hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner. Page No.2 of 6

5. Considering the above facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate Court - II, Mannargudi, on condition that the petitioner shall execute a 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 appear before the Page No.3 of 6

respondent police everyday at 10.30 a.m. for a period of two (2) weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283;

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.07.2025 sp Page No.4 of 6

To 1.The Judicial Magistrate Court - II, Mannargudi.

2.The Inspector of Police, Koothanallur Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

G.K.ILANTHIRAIYAN, J.

sp 14.07.2025 Page No.6 of 6