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Madras High CourtCRL OP(MD)/9149/2025allowed

Mansoor Alikan v. The State Of Tamil Nadu

2025-07-09Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mansoor Alikan, S/o.Nabees ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Keeranur Police Station, Pudukkottai District.

(Crime No.120 of 2025) ... Respondent/Complainant For Petitioner : Mr.Joel Paul Antony.A, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.120 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 in Crime No.120 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The prosecution's case is that on 13.05.2025, at around 11.00 a.m., police personnel from the Manaparai Police Station were conducting a vehicle check near Pothamettupatti locality. At that time, they observed four individuals travelling in a vehicle. Upon noticing the police, the individuals attempted to flee. However, the police managed to apprehend one of the accused. Based on his confession, it was revealed that the accused were habitual drug users and to fund their drug use, they would steal vehicles parked on the roadside, sell them, and use those money to purchase drugs. In a similar manner, on 10.05.2025 at around 2.00 a.m., they had stolen a Pulsar bike bearing registration No.TN-55-BV-5527 from Keeranur Vadakkupatti locality. Hence, the present case. 2/6

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been arrayed as an accused solely based on the confession of the co-accused. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons in this case and the petitioner has been arrayed as A4. A2 was arrested and is still in custody, while A1 and A3 are still absconding. The stolen vehicle has been recovered, and the investigation in this case has been completed. He further submitted that there are three previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that the property has already been recovered, and that the investigation in this case has been completed, this Court is inclined to grant anticipatory bail to the 3/6

petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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, Keeranur 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Keeranur 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Keeranur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Keeranur;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 09.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn TO 1.The Judicial Magistrate, Keeranur.

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2.Do Through The Chief Judicial Magistrate, Keeranur.

3.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

ORDER

IN CRL OP(MD) No.9149 of 2025 Date : 09/07/2025 JJ/24.07.2025 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6