J.Hidhayathulla v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. J.Hidhayathullah
2. M. Allah baskash
3. S. Thaj
4. Umaun Petitioner(s) Vs State rep. by Inspector of Police H-8 Thiruvottiyur Police Station, (Cr.No. 901 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioners on bail in the event of their arrest pending investigation in H-8 Thiruvottiyur Police Station Cr.No. 901 of 2025 on the file of the respondent herein.
For Petitioner(s):
Mr.Sugumar D For Respondent(s):
Mr.S.Udayakumar, Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of BNSS in Crime No.901 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the de facto complainant had a wordy quarrel, as a result of which the latter was attacked and injured. Hence, the complainant.
3.The learned counsel appearing for the petitioners submits that they have no way connected with the alleged occurrence and they have been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioners, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the
petitioners and the de facto complainant had a wordy quarrel, as a result of which the latter was attacked and injured. He would further submit that the injured has been discharged from the hospital. However, he opposed for granting anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and that the petitioners on their own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit totally a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.901 of 2025, within a period of fifteen (15) days and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the Judicial Magistrate, Thiruvottiyur on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each 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 and on further condition that: (a)the petitioners are directed to deposit totally a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.901 of 2025 before the concerned Magistrate within a period of fifteen (15) days and the de-facto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment.
(b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners are directed to appear before the respondent police on every Saturday at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;
(f)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 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.State rep. by Inspector of Police H-8 Thiruvottiyur Police Station, (Cr.No. 901 of 2025) 2.The Judicial Magistrate, Thiruvottiyur.
3.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 21306 of 10-09-2025