Akbar Ali v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Akbar Ali, S/o.Abdhulvahab, : Petitioner/A1 Vs The State of Tamilnadu rep.by the Inspector of Police, Kalakkad Town Police Station, Kalakkad, Tirunelveli District.

(Crime No.529 of 2025) .. Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.529 of 2025 on the file of the Respondent Police. ORDER: This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 22.07.2025 for the offences punishable under Sections 296(b), 308(5), 109(1) and 351 1/5

(3) of BNS, in Crime No.529 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 22.07.2025, while the de facto complainant was standing near the bus stand at Pudur, the petitioner along with other accused persons waylaid him and demanded money. The defacto complainant refused to give money, the accused threatened him by showing a weapon and forcibly attempted to take Rs. 2,000/- from him. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. The petitioner is in custody from 22.07.2025. Hence, he seeks bail.

5. The learned Government Advocate (Criminal Side) submitted that on 22.07.2025, the petitioner along with other accused persons waylaid the defacto complainant and demanded money. The defacto complainant refused to give money, the accused threatened him by showing a weapon and forcibly attempted to take Rs.2,000/- from him. He further submitted that no one sustained injury in this case and the petitioner is having 12 previous cases. Hence, he opposed to grant bail to the petitioner.

6.Taking into consideration of the facts and circumstances of the case and also 2/5

considering the fact that the defacto complainant has not sustained any injury and the occurrence had taken place on 22.07.2025, by this time material part of the investigation might have been completed and also taking note of the fact that the petitioner/A1 is in judicial custody from 22.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate Court, Nanguneri, Tirunelveli District and on further conditions that :- [a] 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 contact number to the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30 pm until further orders. 3/5

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 07/08/2025 / 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, Nanguneri, Tirunelveli District.

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

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Inspector of Police, Kalakkad Town Police Station, Kalakkad, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.13263 of 2025 Date :07/08/2025 SBN/08.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5