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Madras High CourtCRL OP(MD)/9277/2026granted

Jamil Alias Ubaithu Jameel v. The State Of Tamilnadu Rep.By

2026-05-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Jamil @ Ubaithu Jameel ... Petitioner Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

Crime No.123 of 2026 ... Respondent/Complainant For Petitioner : Mr.C.Bharathi Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For Defacto Complainant : Mr.R.Balamuruganantham PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.123 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), 118(1), 351(3) of BNS, 2023, in Crime No.123 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner has abused the defacto complainant by using filthy words, threatened with dire consequences and also attacked him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner in an innocent and he has not committed any offence as alleged by the prosecution. There is a dispute between the petitioner and the defacto complainant and in order to wreak vengeance, this false case has been foisted as against this petitioner. 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.

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4. The learned Government Advocate (Crk.Side) submitted that the injured discharged from the hospital and no previous case is pending as against this petitioner.

5.Mr.R.Balamurugananthan, learned counsel, who has entered appearance for the defacto complainant has expressed his apprehension that if anticipatory bail is granted to this petitioner, he would create a problem.

6. Considering the facts and circumstances of the case and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, however, considering the objection raised by the learned counsel for the defacto complainant, this Court imposes certain stringent conditions on the petitioner. 7.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 3/7

only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Peravurani, 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 stay at Ramanathapuram and report before the Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram daily at 10.30 a,m., daily until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. 4/7

[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].

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

(S S Y J) 06.05.2026 vrn 5/7

To 1.The District Munsif cum Judicial Magistrate, Peravurani.

2. The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

3.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram

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

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S.SRIMATHY,J vrn

ORDER

IN 06.05.2026 7/7