M. Thoufeek v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.30819 of 2025 M.Thoufeek ... Petitioner

Versus

State represented by The Inspector of Police, Kaniyur Police Station, Tiruppur District.

(Crime No.198 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita Act 2023, to enlarge the petitioner on bail in the event of arrest in the Crime No.198 of 2025 on the file of the respondent police.

For Petitioner :

Mr.M.N.Balakrishnan For Respondent :

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

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 118(1), 351(3) of BNS , 2023 in Crime No.198 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that due to a dispute regarding the fixation of rent for an ambulance, on the date of the alleged occurrence, a wordy quarrel arose between the petitioner and the defacto complainant during which the petitioner assaulted the defacto complainant with a knife, causing injuries to him and also criminally intimidated him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner is innocent persons and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous cases pending against him and that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the fact that the petitioner has no previous case against him and the injured has been discharged from the hospital, 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) into the credit of Crime No.198 of 2025 before the concerned Magistrate within a period of three weeks from the date of surrender and on such deposit, the victim is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. Accordingly, 3/6

the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Madathukulam, on condition that the petitioner shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which one surety should be a blood surety) 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 interim anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three weeks;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[g] 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 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];

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

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T.V.THAMILSELVI, J.

mpa To 1.The District Munsif Cum Judicial Magistrate, Madathukulam. 2.The Inspector of Police, Kaniyur Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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