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Madras High CourtCRL OP/22644/2025granted

Ribayudeen v. State, Rep.By The Inspector Of Police

2025-08-14Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Ribayudeen ... Petitioner Vs.

The State represented by, The Inspector of Police, Keevalur Police Station, Nagapattinam District.

Crime No.454 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 connection with Crime No.454 of 2025 on the file of respondent Police. For Petitioner :

Mr.Ponbalaji For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4) and 351(2) of BNS, 2023 in Crime No.454 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. It appears that the petitioner had borrowed a sum of Rs.3.5 lakhs and 1/5

failed to repay it. Hence, the complaint was lodged by the defacto complainant, based on which, FIR in Crime No.454 of 2025 was registered. Hence, the case.

3. The learned counsel appearing for the petitioner states that, due to money dispute, a false complaint has been lodged. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6.Considering the nature of offence and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner are ordered to be released on bail in the event 2/5

of arrest or on his appearance, on or before 23.08.2025 before the learned District Munsif Cum Judicial Magistrate, Kilvelur 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 and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 23.08.2025, this Order shall stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders; [d] 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 3/5

SCC 283];

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

14.08.2025 sma To 1.The District Munsif Cum Judicial Magistrate, Kilvelur.

2. The Inspector of Police, Keevalur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

sma 4/5

14.08.2025 5/5