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Madras High Court/24664/2025granted

Sultan Abdul Kader @ Abdul Kadar v. The State Rep. By The Inspector Of Police

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24664 of 2025 1.Sultan Abdul Kader @ Abdul Kadar 2.Shahul Hameed @ Sakul Hameed 3.Syed Yousuf Sahip @ Vaabuji Sabu ... petitionerss

Versus

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

(Crime No.262 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on anticipatory bail in the event of arrest concerned in Crime No.262 of 2025 on the file of the respondent police. For petitioners :

Mr.S.Sugumar For Respondent :

Mr.S.Udayakumar Government Advocate (Crl. Side) ********* 1/6

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 132, 351(2) and Information Technology Act 67 in Crime No.262 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant working in Tamil nadu electricity board and the petitioners threatened to kill electricity board employees by using derogatory words pulling their shirts and preventing them from doing government work and who have circulated it on social media in a wrong manner lead to criminal complaints everything in CSR stage, be it so on 26.05.2025, it was alleged that the accused had contacted the defacto complainant through and scolded her with unparliamentary words. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the injured discharged. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No.II, Nagapattinam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 3/6

Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police, every Sunday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] 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 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];

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

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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 Inspector of Police, Nagore Police Station, Nagapattinam District.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate Court.II, Nagapattinam.

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T.V.THAMILSELVI, J.

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