Madras High CourtCRL OP(MD)/19584/2025disposed of

S. Ahamed Kasim @ Beeda Kasim v. State Of Tamilnadu Rep By Inspector Of Police, Elayangudi

2025-11-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY S.Ahamed Kasim @ Beeda Kasim, S/o.Late Sithik @ Syed Ahamed ... Petitioner/A3 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Ilayangudi Police Station, Ilayangudi Taluk, Sivagangai District.

(Crime No.124 of 2008) ... Respondent/Complainant For Petitioner : Mr.Kalantaraasik Ahamadu I, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.124 of 2008 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 324, 336, 379, 109 and 307 of IPC in Crime No.124 of 2008 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the other accused tried to murder the defacto complainant on the instigation of A3/petitioner, at that time they took the beer bottle and attempt to attack the defacto complainant, but the defacto complainant escaped with hand injury. Thereafter, the accused persons grab the cell phone from the defacto complainant and fled away from the place of occurrence. Hence, the case was registered and the same was taken on file in S.C.No.104 of 2017 on the file of the Chief Judicial Magistrate Court, Sivagangai. Since the petitioner did not appear, non bailable warrant was issued against the petitioner and he was declared as absconding accused.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as 2/6

alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that on the confession of the co-accused, the petitioner has been impleaded in this case and since he was absconding for nearly 12 years, NBW was issued against the petitioner and he was declared as absonding accused. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is absconding for 12 years, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is directed to surrender before the trial Court and submit an application to recall the non bailable warrant. On such filing of the application, the learned Chief Judicial Magistrate shall consider the same on the same day itself. The petitioner is strictly directed to cooperate for 3/6

the trial.

6. With the above direction, this Criminal Original Petition is disposed of.

07.11.2025 PJL To 1.The Chief Judicial Magistrate, Sivagangai.

2.The Inspector of Police, Ilayangudi Police Station, Ilayangudi Taluk, Sivagangai District.

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

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S.SRIMATHY,J PJL

ORDER

IN 07.11.2025 6/6