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Madras High CourtCRL OP(MD)/12711/2025allowed

Abdul Pari @ Abdul Paree v. The State Of Tamilnadu Rep.By

2025-07-31Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Abdul Pari @ Abdul Paree S/o.Syed Abdul Kader.

: Petitioner/A8 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Bodinayakanur Town Police Station, (Crime No.238 of 2025) : Respondent/Complainant For Petitioner : Mr.Chamundi Bose, 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.238 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A8, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2) and 351(3) of BNS, in Crime No.238 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's father Thangappa is the President of Bodi Mohideen Andavar Jamad. On 18.07.2025, there was wordy altercation between the defacto complainant's father and Jamadhars, due to which, the petitioner along with other accused persons abused the defacto complainant's father, pushed him down and tore his shirt and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Counter case in Crime No.231 of 2025 is pending and in that case, this Court granted anticipatory bail to the accused 1 to 5 and 7 in Crl.OP(MD)No.12518 of 2025. He further submitted that the petitioner is ready and willing to abide any 2/6

conditions that may be fixed by this Court. Hence, he seeks anticipatory bail. 4.The learned Government Advocate (Criminal Side) submitted that there existed dispute between the parties with regard to the Jamad Administration. Due to which, the petitioners abused the defacto complainant in filthy language and also attacked them. He further submitted that the injured treated as outpatient and the counter case in Crime No.231 of 2025 has been registered against the defacto complainant.

5. Considering the facts and circumstances of the case, and taking into account of the fact that it appears that there was a dispute regarding management of Jamad and the injured treated as an outpatient and the counter case in Crime No.231 of 2025 is pending also considering the fact that the petitioner is not having any previous case, 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, 3/6

Bodinayakkanur, Theni 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 learned Judicial Magistrate, Bodinayakkanur, Theni 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, Bodinayakkanur, Theni District, In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Bodinayakkanur, Theni District; (c) the petitioner shall report before the Cumbum North Police Station daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(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/- 31/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 The Judicial Magistrate, Bodinayakkanur, 5/6

2 Do Through The Chief Judicial Magistrate, 3 The Inspector of Police, Bodinayakanur Town Police Station, 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.CHAMUNDI BOSE, Advocate ( SR-8280[I] dated 01/08/2025 )

ORDER

IN CRL OP(MD) No.12711 of 2025 Date :31/07/2025 NM/20.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6