Hayasudeen @ Alayasudeen v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Hayasudeen @ Alayasudeen, S/o.Bahurudeen ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.422 of 2024) ... Respondent/Complainant For Petitioner :

Mr.C.Senthil Murugan, Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.422 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 465 and 468 of IPC in Crime No.422 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and the first accused are married and have two children. It is alleged that the 1st accused has developed an extramarital affair with the petitioner/A2. As a result, the 1st accused is said to have created a forged certificate and consequently, changed the father's name in the Aadhaar card of her second son. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that A1 has been granted anticipatory bail by the learned District and Sessions Judge, Ramanathapuram on 03.01.2025 in Crl.M.P.No.4180 of 2024. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are two accused persons in this case and the petitioner has been arrayed as A2. A1 has been granted anticipatory bail by the learned District and Sessions Judge, Ramanathapuram. He further submitted that charge sheet has also been filed on 16.01.2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account 2/5

of the fact that co-accused has been granted anticipatory bail, and also considering the fact that the charge sheet has also been filed, 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 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 No.II, Ramanathapuram 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 No.

II, Ramanathapuram 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 No.II, Ramanathapuram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., 3/5

until further orders;

(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/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.9700 of 2025 Date :12/06/2025 NBF/20.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5