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Madras High CourtCRL OP(MD)/22084/2025granted

Mohammed Kader @ Abdul Kader v. State Of Tamilnadu Rep By Inspector Of Police, Thirumangalam Town

2026-02-17Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Mohammed Kader @ Abdul Kader 2.H.Sheik Abdullah ... Petitioners/A1 & A4 Vs The State of Tamilnadu Rep., By, the Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(Crime No.371 of 2025).

... Respondent/Complainant For Petitioner : Mr. K.Dinesh, 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.371 of 2025 on the file of the respondent police...

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023, in Crime No.371 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as the supervisor in the Thirumangalam Regulated Market, which is functioning under the department of Agricultural marketing and Agri Business. The petitioners and other accused persons purchased paddy rice and handed over the cheques. When the same was presented the said cheques for encashment, the cheques were dishonoured due to insufficiency of funds. Thereafter, the defacto complainant approached the petitioner and the petitioner paid only Rs.1,00,000/- and filed to pay the remaining amount. Hence, the complaint.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent police submitted that there is no previous case pending against the petitioners. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the 3/8

event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Thirumangalam, Madurai District, within a period of fifteen days from the date on which the order copy is made ready 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 Aadhaar card or bank pass book to ensure their identity;

[b] At the time of producing the sureties, each of the petitioners are directed to deposit a sum of Rs.1,00,000/-(Rupees one Lakh only) to the credit of Crime No.371 of 2025 on the file of the Judicial Magistrate Court, Thirumangalam, Madurai District. After 4/8

depositing the said amount, the Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;

if any default in payment of installments, the anticipatory bail granted will be automatically dismissed;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m, until further orders;

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioners shall not abscond either during investigation or trial;

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[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[g] If the petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 17.02.2026 vsg 6/8

TO 1.The Judicial Magistrate Court, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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

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S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.22084 of 2025 Date : 17/02/2026 8/8