Usman Basha v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.31584 of 2025

1. Usman Basha

2. Ahmed Faisal.P

3. Miss.Faleeha Thaskeen ... Petitioners -vsState Rep by, The Inspector of Police, Vaniyambadi Police Station, Tirupathur District.

(Crime No.249 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.249 of 2025 on the file of the respondent police.

For Petitioners :

Ms.G.Prethipa For Respondent :

Ms.J.R.Archana, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioners, who apprehends arrest for the alleged offence punishable under Sections 296(b), 115(1), 351(2), 305 of BNS, 2023, in Crime No.249 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The allegation against these petitioners is that, due to family dispute these petitioners entered into the house of the defacto complainant and taken away some of the documents and also property document. Hence this case.

3. The learned counsel appearing for petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the third petitioner is the daughter of the defacto complainant and others are fatherin-law and brother-in-law of the defacto complainant and since the defact complainant is involved in several illegal activities they come to the house and settle the issues. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally 3 accused in this case, no one is arrested, some of the 2/6

documents of the defacto complainant has been taken away by these petitioners. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of this case, the relationship between the parties and also the allegation is that the petitioners have taken away some of the documents more particularly Education documents, the custodial interrogation is not necessary to these petitioners, and 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, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Vaniambady, Thirpathur District, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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 3/6

their identity;

(b) the petitioners shall report before the respondent police daily at 10.30 a.m., for the period of two weeks and thereafter as and when requires for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.11.2025 rna 4/6

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 Judicial Magistrate, Vaniambady, Thirpathur District. 2.The Inspector of Police, Vaniyambadi Police Station, Tirupathur District.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna Crl.O.P.No.31584 of 2025 19.11.2025 6/6