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Madras High CourtCRL OP(MD)/9151/2026granted

Khadar Hameed v. State Of Tamilnadu Rep By Inspector Of Police, Senthamaram

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Khadar Hameed, S/o.Syed Masood No 14a/91, Kalanthar Masthan Street, Kadayanallur, Tenkasi District. ... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Senthamaram Police Station, Tenkasi District.

(Crime No.152 of 2026).

... Respondent/Complainant For Petitioner : Mr.K.Althaf Sheriff, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PRAYER :- C-8AB. For Anticipatory Bail in Crime No.152 of 2026 on the file of the respondent Police. 1/6

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), 118(1), 109(1), 324(2), 351(3) & 49 of BNS 2023, in Crime No. 220 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, the petitioner's father trespassed into the defacto complainant's poultry farm and assaulted the defacto complainant using Helmet and caused serious injury. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that it is a case and case in counter and the injured person has been discharged from the hospital and there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, 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 only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

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[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 once in a week, ie., every Monday at 10.30 a.m, until further orders;

[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 with law as if the conditions have been imposed and the petitioner is 4/6

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 PJL TO 1.

The Judicial Magistrate,Tenkasi.

2.

The Inspector of Police, Senthamaram Police Station, Tenkasi District 3.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.9151 of 2026 Date : 06/05/2026 6/6