Aamirsuhail v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Aamirsuhail (M/24) S/o.Kabeer Mohideen .. Petitioner/Accused Rank Not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Melapalayam Police Station, Tirunelveli.

(Crime No.730 of 2023) .. Respondent/Complainant For Petitioner : Mr.C.Susikumar 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.730 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 354 D, 506(i) of IPC and Section 4 of TNPHW Act, in Crime No.730 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the husband of the defacto complainant had borrowed money from his friends who are the accused persons. Thereafter, the husband of the defacto complainant failed to repay the amount. Hence, the accused persons had disturbed the defacto complainant and abused her in filthy language and criminally intimidated. 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 the friend of A1, he was falsely implicated in this case. He further submitted that co-accused/A1 had already been granted anticipatory bail by this Court in Crl.OP(MD).No.22559 of 2023 dated 03.01.2024. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks 2/5

anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that coaccused had already been granted anticipatory bail by this Court and there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that coaccused had already been granted anticipatory bail by this Court and there is no previous case pending as 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 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 Judicial Magistrate No.V, Tirunelveli District, 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 Judicial Magistrate No.V, Tirunelveli District, and 3/5

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

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter as and when required for interrogation. (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; 4/5

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 16/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1.The Judicial Magistrate No.V, Tirunelveli District.

2. Do Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

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

+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-6480[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD) No.9868 of 2025 Date :16/06/2025 HPS/03.07.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5