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Madras High CourtCRL OP/31661/2025partly allowed

Thameem Ansari v. The State Rep. By Inspector Of Police

2025-11-20Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.31661 of 2025

1. Thameem Ansari

2. Kahairunissa

3. Sikandharbasha

4. Mohamedaarif ... Petitioners -vsState Rep by, The Inspector of Police, W-30 All Women Police Station, Poonamallee, Chennai.

(Crime No.27 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.27 of 2025 on the file of the respondent police.

For Petitioners :

Mr.S.Gokulakannan For Respondent :

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

ORDER

The petitioners, who apprehends arrest for the alleged offence punishable under Section 498(A) of Indian Penal Code, 1860, in Crime No.27 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The allegation against these petitioners is that, the first petitioner is the husband and other petitioners are in-laws of the defacto complainant, the marriage was taken place between the first petitioner and the defacto complainant on 17.03.2019, thereafter the first petitioner developed illicit relationship to another lady and harassed the defacto complainant. Further he used to scold regularly and not taken care of the family and also committing various types of harassment with the instigation of other petitioners. 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 due to the family enmity, this complaint has been registered. Hence, he prays for grant of anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the FIR was registered only recently, the investigation is pending in this case, the petitioners committed various types of harassment of the victim. Hence, she opposed to grant anticipatory bail to the petitioners.

5. Considering the submissions made on both sides and contents of the FIR reveals that the petitioners have committed various types of harassment of the victim and also he had not taken care of the family and not even come forward to feed the family members and considering the other allegations stated in the FIR, I am of the view the first petitioner is not entitled for anticipatory bail, if bail is granted he will indulge in similar activities. Considering the overt-act of other petitioners, this Court is inclined to grant anticipatory bail to the second to fourth petitioners with certain conditions.

6. Accordingly, the second to fourth 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-I at Poonamallee, 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 3/6

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 their identity;

(b) the second to fourth petitioners shall report before the respondent police daily at 10.30 a.m., for the period of three 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 4/6

5560]; and;

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

20.11.2025 rna 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-I at Poonamallee.

2.The Inspector of Police, W-30 All Women Police Station, Poonamallee, Chennai.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna Crl.O.P.No.31661 of 2025 20.11.2025 6/6