Nazeer Basha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Nazeer Basha 2.K.Shahul Hameed @ Auto Sahul Hameed 3.Mathina Begum 4.Jamuna Begum 5.K.Shamsath Begum 6.Mumtaj Begum 7.Raghuman @ Abdul Raghuman 8.Rahamadulla 9.Rajangam @ Muhammed Iliyas 10.Mohamed Abdul Jafar @ Jafarulla ... Petitioners /Rank not known Vs The State of Tamil Nadu Represented by the Inspector of Police, Samayanalluri Police Station, Madurai District.

(Crime No.6 of 2025) ... Respondent/Complainant For Petitioners :

Ms.S.Sinduja, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) Ms.Roja Ramani for Intervenor 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 191(3), 296(b), 330(1) and 351(2) of BNS, 2023 read with under Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime No.6 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a property dispute between the parties. The accused persons are said to have unlawfully entered into the shop of the defacto complainant and committed criminal trespass and they also caused damage to the shop and the side wall of the shop. The damages were to the tune of more than Rs.2 lakhs. There are totally 20 accused persons in this case and the petitioners have been arrayed as A8 to A17.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and 2/5

considering the nature of the dispute between the parties and also taking note of the fact that there is a case and counter case pending investigation before the respondent police in Crime Nos.6 and 7 of 2025 and considering the fact that except A6, the other accused persons have one previous case against them, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vadipatti, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall report before the respondent Police as and when required for interrogation. 3/5

[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 petitioner 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN 4/5

To 1.The Judicial Magistrate, Vadipatti.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-798[I] dated 24/01/2025 )

ORDER

IN CRL OP(MD) No.1302 of 2025 Date :23/01/2025 ED/ SKN /SAR- (10/02/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5