Mohammed Iqjas Fahiq v. The State Of Tamilnadu, Rep. By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Mohammed Iqjas Fahiq, S/o.Mohammed Ismail ... Petitioner/A5 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Woraiyur Police Station, Trichy City.
(Crime No.443 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Vimal Raj, 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.443 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 310(4) of IPC, in Crime No.443 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused persons were assembled and discussed to commit robbery from the persons who come for fish market. At that time, the partol duty police surrounded them and some of the accused flee away from the place of occurrence. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and based on the confession of the coaccused, 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.
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4. The learned Government Advocate (Criminal Side) submitted that based on the confession of the co-accused the petitioner has been implicated in this case and the investigation is yet to be completed. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the nature of offence, 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 arrest or on his appearance, 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 learned Judicial Magistrate No.IV, Trichy, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond 3/6
and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily twice ie, at 10.30 a.m., and 05.30 p.m, until further orders;
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;
[e] 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 is 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 [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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To 1.The Judicial Magistrate No.IV, Trichy.
2.The Inspector of Police, Woraiyur Police Station, Trichy City.
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