Aafkhan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS.JUSTICE R.POORNIMA 1.Aafkhan 2.Mohammed Abdul Raise @ Raise Mohammed ... Petitioners/Accused Nos.1 & 3 Vs The State represented by The Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No.110 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Yasar Arafath For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.110 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/accused nos.1 & 3 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351

(2) of BNS, in Crime No.110 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and other accused persons came to the house of the defacto complainant and abused him in filthy language and also attacked him with iron rod. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners and defacto complainant are belonging to the same village and due to previous enmity, false case has been foisted against the petitioners and they were no way connected with the occurrence. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent 2/5

Police submits that the defacto complainant was attacked by the petitioners and he was admitted in the hospital on 21.05.2025 and also discharged from hospital on 23.05.2025.

5. Considering the fact that the injured person was discharged from the hospital and also the fact that the learned counsel for the petitioners assured that the petitioners would co-operate with the investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each, with two 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, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; 3/5

[b] the petitioners shall report before the respondent police for a period of 30 days and as and when required 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 5560]; and; [f] if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GBG TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.K.YASAR ARAFATH, Advocate ( SR-5826[I] dated 29/05/2025 )

ORDER

IN CRL OP(MD) No.9114 of 2025 Date :28/05/2025 HPS/02.06.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5