Abbas Khan v. State Of Tamilnadu Rep By Inspector Of Police, Pattukottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Abbas Khan

2. Umar Haiyan @ Umarhayam

3. Yunus Khan @ Yoonus Maraikayar ... Petitioners/Accused Vs State of Tamilnadu Rep by, Inspector of Police, Pattukottai Police Station, Thanjavur District.

(In Crime No.749/2025).

... Respondent/Complainant For Petitioner : Mr.Muthukumar S Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.749 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(1), 118(1) and 351(3) of BNS, 2023, in Crime No. 749 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 31.10.2025 at about 09.00 a.m., when the defacto complainant was at Deen Quality Store, the accused persons came armed with a hammer and wooden stick. All the accused persons entered the shop, abused the defacto complainant, assaulted him on his chest and leg causing bleeding injuries, and also threatened him with dire consequences. Hence, the case. 2/6

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the injured has been discharged from the hospital.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, on condition that the petitioners shall execute a bond for a sum 3/6

of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners 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 petitioners 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 investigation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid 4/6

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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.11.2025 jbr TO To

1. The Judicial Magistrate, Pattukottai, Thanjavur District.

2. The Inspector of Police, Pattukottai Police Station, Thanjavur District.

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

5/6

S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.21847 of 2025 Date : 28/11/2025 6/6