Umair Adbul Azees v. State Of Tamilnadu Rep By Inspector Of Police, Elayangudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Umair Abdul Azees

...Petitioner/Accused No.3

Vs State of Tamil Nadu rep. by The Inspector of Police, Ilayangudi Police Station Sivagangai District.

(Crime No.90 of 2026)

...Respondent/Complainant

For Petitioner :Mr.Yasar Arafath Advocate.

For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.90 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 296(b), 329(2), 118(1) and 351(3) of BNS, Act, 2023, and Section 4 of TNPHW Act, 1998, in Crime No.90 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.03.2026 at mid night, the defacto complainant was finished the special prayer on Laiyathul Qathr in Mosque, at that time, the petitioner and other accused persons drove their two wheeler in a rash and negligent manner. When the same was questioned by the defacto complainant, due to which, the petitioner and other accused trespassed into the defacto complainant's house and abused him in filthy language and also assaulted him with wooden log. Hence, the case. 2/7

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that the coaccused was released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner has no previous cases and the injured person has been discharged from the hospital. However, he opposes to grant anticipatory bail to the petitioner, as the investigation is pending.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on 3/7

either side and the nature of offences charged against the petitioner and the co-accused has already been released on bail and also considering the fact that the petitioner has no previous cases and the injured person has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ilayangudi, Sivagangai District, and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 4/7

a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

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

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

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 5/7

SCW 5560].

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

(P D B J) 26.03.2026 vsg To 1.The Judicial Magistrate, Ilayangudi, Sivagangai District.

2.The Inspector of Police, Ilayangudi Police Station Sivagangai District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6005 of 2026 Date : 26.03.2026 7/7