Mohammed Basha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN

1. Mohammed Basha ... Petitioner in Crl.O.P.No.23139 of 2025/ A4

2. Ramamoorthi ... Petitioner in Crl.O.P.No.23212 of 2025/ A2 Vs.

The State Represented by, The Inspector of Police, Paradarami Police Station, Paradarami, Vellore District.

(Crime No.122 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.122 of 2025 on the file of respondent Police.

For Petitioners : M/s. G. Vinodh Kumar For Respondent : Mr. S. Vinoth Kumar Government Advocate (Crl.Side) ****** 1/6

COMMON O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 304(2) of BNS in Crime No.122 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The petitioners herein are A4 and A2, respectively in Crime No.122 of 2025 and the FIR indicates that the defacto complainant one Mukthiyar Ahamed had approached A1 for his advice and assistance to start a briyani shop and had disclosed that he is having cash of Rs.2,50,000/- to invest in the business at Chittor. While so on 23.07.2025, when he went to Chittor with the said cash along with his friend one Vignesh in a two wheeler bearing Registration No.TN-83-L-9349 and stayed there in a lodge, while returning he informed A1 that he is not able to identify suitable place for his business and when he reached near Paradarami Check Post, two unknown persons came in a two wheeler waylaid him and snatched the cash bag from him. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that 2/6

the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioners, reiterated the prosecution case and submitted that A1 and A3 in this case were arrested and on the information given by A1, the petitioners were identified as persons, who were involved in the crime. He further submitted that the petitioner by name Ramamoorthi in Crl.O.P.No.23212 of 2025 is an habitual offender having seven previous cases. He further stated that A1 in this case was arrested and released on bail and a sum of Rs.2,15,000/- has been recovered so far from the accused persons.

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

6. Considering the said facts of the case and the submissions made 3/6

by the learned counsel appearing on either sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 02.09.2025 before the learned Judicial Magistrate, Gudiyatham on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate on or before 02.09.2025, 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 petitioners shall report before the 4/6

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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];

[e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 stn To

1. The Judicial Magistrate, Gudiyatham.

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Dr. G. JAYACHANDRAN, J., stn

2. The Inspector of Police, Paradarami Police Station, Paradarami, Vellore District.

(Crime No.122 of 2025).

3. The Public Prosecutor, High Court of Madras.

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