Mohamed Sikkandar @ Sikkanthar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mohamed Sikkandar @ Sikkanthar, S/o.Kamal Batcha ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(Crime No.192 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Pandiyaraj, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.192 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 296(b), 115(2), 127(2), 118(1) and 351

(3) of BNS, 2023 in Crime No.192 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.05.2025, the de-facto complainant, along with his friend, was conversing while leaning against his friend's car in front of Bhanu Theatre. At that time, the petitioner/A1 approached and scolded the de-facto complainant in filthy language, questioning why they were sitting in front of his house. While the de-facto complainant was responding, the petitioner allegedly assaulted him on his right shoulder with a tile stone. When the de-facto complainant attempted to resist, the other accused/A2, who is the brother of the petitioner/A1, held him. At that moment, the petitioner/A1 stabbed the de-facto complainant on his back and head with a knife. When the de-facto complainant's friend tried to intervene, the petitioner stabbed him as well on the forehead. Thereafter, both the accused allegedly threatened the de-facto complainant with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and the petitioner has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Due to previous enmity between the families of the petitioner and the de-facto complainant, the de-facto 2/5

complainant has lodged a false complaint against the petitioner and his brother. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1. A2 was granted anticipatory bail on 09.06.2025 by the learned Principal Sessions Judge, Madurai in Crl.M.P. No.2324 of 2025. There are three previous cases against the petitioner. He further submitted that the injured was discharged from the hospital on 29.05.2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that the injured has been discharged from the hospital, and considering the fact as the date of occurrence is 25.05.2025, by this time most of the investigation would likely have been completed, and also considering the fact that the co-accused has been granted anticipatory bail, 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, Thirumangalam, Madurai District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 3/5

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, Thirumangalam, Madurai District 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, Thirumangalam, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Thirumangalam, Madurai District; (c) the petitioner shall report before the respondent police daily twice i.e. at 10.30 a.m. and 05.30 p.m., 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 4/5

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/- 16/06/2025 / 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, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.9897 of 2025 Date :16/06/2025 SA/SAR. /26.06.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5