Nazeer @ Nazeer Basha v. The Inspector of Police,

O R D E R On the complaint given by Nasuruddin from the hospital where he was taking treatment, the respondent Police has registered case against the petitioners for offence under Sections 191 (2), 296 (b), 118 (1), 137 (2), 303 (1), 351 (2) of BNS, 2023, and Section 66 E Information Technology Act, 2000, in Crime No.230 of 2025, on the file of the respondent Police, seek anticipatory bail. A1 is the mother of the defacto-complainant who is arrested immediately whereas these petitioners are the relatives of the defacto-complainant seeking anticipatory bail apprehending arrest.

2.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. He further submitted that custodial interrogation of the petitioners is not required. Hence, he prayed for grant of anticipatory bail to the petitioners.

3.The learned Government Advocate (Criminal Side) appearing for the respondent police states that due to property dispute the defacto-complainant was attacked with iron rod and taken to a nearby ground, where he was denuded and severely beaten. He further submits that the injured has been discharged from hospital. However, he opposed for grant of anticipatory bail to the petitioners.

¶4Heard the learned counsels and perused the materials available on record.

5.Considering the submissions made by the learned counsels appearing on either sides, the fact that injured has been discharged from hospital and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 28.08.2025, before the learned Judicial Magistrate No.1, Tiruvallur 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 learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioners shall stay at Tiruttani and report before the Tiruttani Town Police daily at 10.00 a.m. until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18.08.2025 ep To

1.The Judicial Magistrate No.1 Tiruvallur.

2.The Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur District.

¶3The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN,

J. ep

18.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Nazeer @ Nazeer Basha 2.Reshma @ Bousiya 3.Jerina Begum 4.Rahiman 5.Shain Sha ... Petitioners Vs. The State represented by, The Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur District. Crime No.230 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.230 of 2025 on the file of respondent Police. For Petitioners : Mr.Tamilselvan A For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side)