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Madras High CourtCRL OP(MD)/10541/2025dismissed

Mohamed Fazil v. State Of Tamilnadu Rep By Inspector Of Police, K.K.Nagar

2025-06-25Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mohamed Fazil ... Petitioner / A3 Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, K.K.Nagar Police Station, Trichy City (Crime No.1385 of 2023) ... Respondent/complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.1385 of 2023 on the file of the respondent police.

For Petitioners :

Mr.K.Palmurugan Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) 1/4

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 380 and 457 of IPC, in Crime No.1385 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.10.2023, the defacto complainant, on receiving news of her father's death, went to her native village for condolence. During her absence, the petitioner along with others is alleged to have broken the door of the defacto complainant's house and committed a theft of a sum of Rs.20,000/- and jewels worth about Rs.4,50,000/-. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that based on the confession of co-accused, he was falsely implicated in this case. He further submit that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. 2/4

Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that there are nine previous cases pending against the petitioner and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also fact that there are nine previous cases pending against the petitioner and also considering the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the criminal original petition stands dismissed. sd/- 25/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SN TO 1.THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY CITY 3/4

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

ORDER

IN CRL OP(MD) No.10541 of 2025 Date :25/06/2025 PR/08.07 .2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4