Suhail Basha v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Suhail Basha S/o Rahim Basha, No. 73/28, Cemetry Road Old Washermanpet Chennai 600021.

Petitioner(s) Vs

1. State rep. by The Inspector of Police, N1 Royapuram Police Station, Chennai District. Crime No. 635 of 2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest by the Respondent Police in Cr. No. 635 of 2025 on the file of the Respondent Police and thus render justice.

For Intervener: S.Baranidharan For Petitioner(s):

D Bennington For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 118(1), 115(2), 351(3) of BNS, 2023 in Crime No. 635 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner attacked the de facto complainant by using deadly weapons and caused grievous injuries and also criminally threatened.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner. 4.The learned counsel for the intervener submitted that the de facto complainant sustained injuries. Though it is stated he is discharged from the hospital on 11.10.2025, he is still continuing the treatment and suffered grievous injury. Hence, he opposed to grant anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl.Side) reported that the petitioner has no previous cases, the occurrence took place due to quarrel, and the victim is discharged from the hospital. Hence, he opposed to grant

anticipatory bail to the petitioner.

6.Considering the fact that the victim is discharged from the hospital and the allegation is that petitioner had attacked the de facto complainant due to the quarrel between the parties, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa

To 1.XVI Metropolitan Magistrate, George Town, Chennai. 1.State rep. by The Inspector of Police, N1 Royapuram Police Station, Chennai District. Crime No. 635 of 2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30237 of 06-11-2025