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Madras High CourtCRL OP(MD)/14234/2025granted

Syed Malik v. The State Of Tamilnadu Rep.By

2025-10-22Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 22.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Syed Malik ... Petitioner vs.

The State Represented by, The Inspector of Police, Lalapet Police Station, Karur District.

(Cr.No.293 of 2025) ... Respondent PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.293 of 2025 on the file of the respondent police For Petitioner :Mr.T.Lenin Kumar For Respondent :Mr.S.S.Manoj Government Advocate (Crl.side) ***** 1/7

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 77 and 351(3) of BNS, 2023, in Crime No.293 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the de-facto complainant's wife was taking bath in the bathroom attached his house, the petitioner, through ventilation hole, has taken photographs and videographs. Hence, the complaint.

3.When the matter was taken up for hearing on 28.08.2025, on the undertaking given by the petitioner before this Court that the petitioner is ready to surrender his mobile phone to the respondent Police, this Court had already granted interim anticipatory bail to the petitioner with the direction to the petitioner to surrender the mobile phone and appear before the respondent Police at 10.30 a.m.

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4.Today, when the matter is being taken up for hearing, the learned Counsel for the petitioner submitted that in compliance with the undertaking given by the petitioner before this Court and the directions issued by this Court, the petitioner has already surrendered his mobile phone to the respondent police and regularly appearing before the respondent Police. The learned Counsel for the petitioner further submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. 5.The learned Government Advocate (Crl. side) submitted that as per the directions of this Court, the petitioner has surrendered his mobile phone to the respondent Police and is regularly appearing before the respondent Police. However, he opposed to grant anticipatory bail to the petitioner.

6.Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner has complied with the earlier 3/7

directions of this Court and is regularly appearing before the respondent Police, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Kulithalai , 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.I, Kulithalai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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.I, Kulithalai. In the event of any change in his residential 4/7

address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Kulithalai;

(c)the petitioner shall stay at Tirunelveli and report before the Inspector of Police, Palayamkottai 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; (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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 22.10.2025 cmr 5/7

To 1.The Judicial Magistrate No.I, Kulithalai.

2.The Inspector of Police, Lalapet Police Station, Karur District.

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

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S.SRIMATHY, J.

cmr 22.10.2025 7/7