Nasrullah v. State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.32033 of 2025 Nasrullah ... Petitioner/ Accused Vs The State Rep. By, The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

(Crime No.383 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.383 of 2025 on the file of the respondent police. For Petitioner : Mr. Sasikumar S.

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 offences punishable under Section 303(2) of BNS in Crime No.383 of 2025 on the file of the respondent Police, seeks anticipatory bail. 2.

The case of the prosecution is that, the petitioner herein along with other accused committed the theft of a two wheeler of the defacto complainant. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case; that the stolen vehicle has been recovered; that the co-accused/ Jaffurullah was already granted bail by the learned Judicial Magistrate, Vaniyambadi, vide order dated 29.10.2025 in Crl.O.P.No.3558 of 2025; that the other case against the petitioner herein has been registered along with this case; and that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner. 2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that there are totally two accused involved in this case and the petitioner is arrayed as A2; that the petitioner has one previous case of similar nature; and that the investigation of this case is pending.

5.

Considering the submissions made on both sides, facts and circumstances of this case, nature of allegation, taking note of the fact that the stolen vehicle has been recovered and the other case against the petitioner has been registered along with this case and since custodial interrogation is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate, Vaniyambadi, Thirupathur District on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees 3/6

Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter, as and when required for interrogation; [d] 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 petitioner 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 4/6

SCC 283];

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

25.11.2025 stn To

1. The Judicial Magistrate, Vaniyambadi, Thirupathur District.

2. The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

(Crime No.383 of 2025)

3. The Public Prosecutor, High Court of Madras.

5/6

K. RAJASEKAR, J.

stn Crl.O.P. No.32033 of 2025 25.11.2025 6/6