A.Asar @ Seein Abdul Hakkim Haza Azarudeen v. State Of Tamilnadu Rep By Inspector Of Police, Thillai Nagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY A.Asar @ Seein Abdul Hakkim Haza Azarudeen, S/o.Abdul Waheed ... Petitioner/A2 Vs.

The State of Tamil Nadu Rep.By, the Inspector of Police, Thillai Nagar Police Station, Trichy District.

(Crime No.57 of 2026) ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.57 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), and 351(2) of BNS, 2023, read with Section 4 of Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002, in Crime No.57 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the son of the de-facto complainant stole 38 sovereigns of gold jewellery from the house of one Siraj Nisha. Due to the said incident, the petitioner and the other accused allegedly tortured the de-facto complainant and her family members, assaulted her, trampled on her neck, and also threatened her with dire consequences. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is 2/6

ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A2. He further submitted that the co-accused have already been granted anticipatory bail and that there are no previous cases registered against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the co-accused have already been granted anticipatory bail and that there are no previous cases registered against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/6

only) with two sureties each for a like sum to the satisfaction of the Additional Mahila Judicial Court, Tiruchirappalli, within a period of fifteen days from the date on which the order copy was made ready 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 two weeks and thereafter, as and when required for interrogation;

[c] the petitioner 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 4/6

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].

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

(S S Y J) 06.05.2026 mkn To 1.The Additional Mahila Judicial Court, Tiruchirappalli.

2.The Inspector of Police, Thillai Nagar Police Station, Trichy District.

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

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S.SRIMATHY, J.

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ORDER

IN 06.05.2026 6/6