Sowkkath Ali v. State Of Tamilnadu Rep By Inspector Of Police, Tenkasi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.01.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY 1.Sowkkath Ali

2. Abdul Rahim

3. Hyder Ali ... Petitioners/ Accused Nos 1 to 3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Tenkasi Police Station, Tenkasi District.

In Crime No.685 of 2025 ... Respondent/ Complainant For Petitioners : Mr.K.Suyambulingabharathi For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.685 of 2025 of 2025 on the file of the Respondent Police.

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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 191 (2), 126 (2) 296 (B), 115(2), 118 (1), 351(3) of BNS, in Crime No.685 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the other accused persons unlawfully assembled near Hamithiya School and assaulted the defacto complainant with wooden log and caused injuries to him. Hence, the present case.

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

4. The learned Government Advocate (Criminal Side) submitted that the victim has been discharged from hospital. However, he opposed 2/6

to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the victim has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Tenkasi, on condition that the petitioners shall execute a separate 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Tenkasi 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 3/6

ensure their identity;

(b) the petitioners shall furnish their residential address and mobile number to the learned the Judicial Magistrate Court, Tenkasi. In the event of any change in their residential address, the petitioners shall report the same to the learned the Judicial Magistrate, Tenkasi; (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 evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners 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;

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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 07.01.2026 ebsi TO

1. The Judicial Magistrate, Tenkasi.

2. The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

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S.SRIMATHY,J.

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