Mohamed Azarudeen v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Mohamed Azarudeen ... Petitioner/Accused Rank Not known Vs State of Tamil Nadu rep.

by the Inspector of Police, Othakadai Police Station, Madurai.

(Crime No.143 of 2025) ... Respondent/ Complainant For Petitioner : Mr.A.Sheik Nasurdeen For Respondent : Mr.K.Gnanasekaran, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.143 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The Petitioner/Accused Rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 1/4

118(1) and 351(3) BNS, in Crime No.143 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there existed dispute between the petitioner and the defacto complainant with regard to the garbage disposal, due to which, the petitioner along with other accused abused the de-facto complainant in filthy language and attacked with sickle and wooden log and also caused grievous injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the co-accused already released on bail by the learned Judicial Magistrate, Melur in Crl.M.P. No.874 of 2025, dated 15.05.2025. He would further submit that no previous case is pending against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the co-accused already released on bail and no previous case is pending against the petitioner, 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 2/4

arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioner shall 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 Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation. [c]the 0etitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner 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 petitioner is 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]. 3/4

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

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.THE JUDICIAL MAGISTRATE, MELUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.SHEIK NASURDEEN, Advocate ( SR-5618[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.8946 of 2025 Date :21/05/2025 HPS/02.06.2025 /4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4