Mubrarak v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 17896 of 2025 M.Mubarak ..Petitioner Vs State Of Tamilnadu, Rep By The Inspector Of Police, Uthamapalayam Police Station, Theni District.

(Crime No.525 of 2025) Respondent(s) For Petitioner(s):

Mr.P.Rengaraju For Respondent(s):

Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.525 of 2025 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 49 of BNS, 2023, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.525 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 11.10.2025, at about 06.50 a.m., when the cows, which are grown by the defacto complainant, were drinking water put up by the first petitioner's father in front of his house, the petitioner and other accused had beaten it with stick. Upon seeing the saem, the defacto complainant questioned. Aggrieved over the same, the petitioner and other accused abused the defacto complainant in filthy language and also assaulted 2/8

him with sticks, thereby, he caused injuries. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that it is a case in counter case. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that 3/8

the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, this petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Uthamapalayam, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with 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 Court, Uthamapalayam, Theni District, failing which, the petition for anticipatory bail shall stand dismissed and on 4/8

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 Court, Uthamapalayam, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Uthamapalayam, Theni District;

(c) the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(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 petitioners 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.

17.10.2025 vsg 6/8

To

1. The learned Judicial Magistrate Court, Uthamapalayam, Theni District.

2. The Inspector Of Police, Uthamapalayam Police Station, Theni District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.17896 of 2025 Date : 17.10.2025 8/8