Mohammed Fazil v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Mohammed Fazil ... Petitioner Vs.

The State represented by, The Inspector of Police, Redhills Police Station, Redhills.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest in connection with Crime No.443 of 2025 on the file of respondent Police.

For Petitioner :

M/s.Shaikh Mehrunnisa Kasim For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(4) and 304 BNS in Crime No.443 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that the accused had committed theft of 4000 numbers of Aluminium clamps and 40 numbers of Aluminium frames. Hence the case.

3. The contention of the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner, to show his bonafide, without prejudice to his contentions, is ready to deposit a sum of Rs.50,000/- to the credit of crime number. He also submitted that the coaccused in this case has been granted anticipatory bail by this Court in Crl.O.P.No.19284 of 2025 dated 15.07.2025. Hence, he prayed for the grant of anticipatory bail.

4. Learned Government Advocate (Criminal Side) reiterated the prosecution case and opposed for granting anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations, 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 2/6

on which the order copy made ready, before the learned Judicial Magistrate No.II, Ponneri, 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 stands dismissed and on further condition that: [a] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No. 443 of 2025 and shall produce the proof of deposit before the learned Magistrate concerned at the time of executing the sureties;

[b] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[c] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [d] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; 3/6

[e] the petitioner shall not abscond either during investigation or trial and they shall make themselves available for interrogation by a Police Officer as and when required; [f] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

9. On such deposit being made by the petitioner, the trial Court shall re4/6

deposit the said amount in a Fixed Deposit Scheme, in any one of the Nationalized Banks, renewable thereafter periodically. 23.07.2025 ham To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, Redhills Police Station, Redhills.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 23.07.2025 6/6