Sheik Rahiman v. The State Rep By, Its Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Sheik Rahiman Petitioner(s) Vs The State Rep by, its Inspector of Police, Desur Police Station, Tiruvannamalai District. (Crime No. 102/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 438 of Cr.P.C / Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of arrest in Crime No. 102 of 2025 on the file of the respondent police station. For Petitioner(s):
Mr.E.Sathiyaraj Elangovan For Respondent(s):
Mr.Udayakumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1), 324(4), 351(2), 74 of BNS Act (Corresponding Section 294(b), 323, 324, 427, 506, 354 of IPC), in Crime No.102 of 2025 on the file of the respondent police, seeks anticipatory bail.
2.The petitioner herein along with other accused by named Lokesh, attacked the defacto complainant with stone and wooden stick with dire consequences and also caused damage to the fish worth about Rs.20,000/-. The defacto complainant was admitted in the hospital for the injury and got discharged later.
3.The learned counsel for the petitioner states that the second accused already granted bail and injured person is discharged from the hospital. Therefore, the petitioner may be granted anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police, strongly opposed the anticipatory bail petition stating that the petitioner has got five previous cases, including case of attempt to murder and he is a history sheeter rowdy, unlike the co-accused. If the petitioner is granted anticipatory bail it may be desperate to the victim.
5. Considering the facts and circumstances of the case and that the petitioner on his 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 petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.102 of 2025, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vandavasi, Tiruvannamalai District 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)the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.102 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 and give to the affected children. (b)the petitioner 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 petitioner is directed to appear before the respondent police every Saturday at 10.30 a.m for a period of eight weeks and thereafter as and when required for interrogation;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.
12-09-2025 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.The State Rep by, its Inspector of Police, Desur Police Station, Tiruvannamalai District. (Crime No. 102/2025) 2.The Judicial Magistrate, Vandavasi, Tiruvannamalai District.
3.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi 12-09-2025