Abubacker Sitheek v. State of Tamilnadu Rep by Inspector of Police, Ganesh Nagar

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4), 127(2), 115(1), 351(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 132 of 2026 on the file of the respondent police, seek anticipatory bail.

2.The defacto complainant is the wife of the first petitioner and other petitioners are in-laws of the defacto complainant. According to the prosecution, the petitioners are said to have assaulted the defacto complainant and caused simple injury to her. Thereby, the respondent police registered a case for the aforesaid offences.

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. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioners and the injured person has been treated as out patient. However, he opposed for grant of anticipatory bail to the petitioners.

5.This Court considered the rival submissions and perused the materials available on record.

6.Considering the facts and circumstances of the case and also considering the facts that there is no previous case pending against the petitioners and the injured person has been treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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.I, Pudukkottai, 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] the first petitioner shall report before the respondent police daily at

10.30 a.m.,for a period of 15 days and thereafter, as and when required for interrogation and the other petitioners shall report before the respondent police as and when required; [c]the petitioners shall not tamper with the 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 shall be entitled to take appropriate action against the petitioner in accordance with law, as if the conditions had been imposed by the learned Magistrate/Trial Court itself at the time of releasing the petitioner on bail as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f]If

the

accused

thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13.05.2026 gns TO

1.The Judicial Magistrate No.I, Pudukkottai

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K. RAMAKRISHNAN,J gns

13.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.05.2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN 1.Abubacker Sitheek 2.Raja Mohammed 3.Syed Abudhahir 4.Appas Ali 5.Shahul Hameed ... Petitioners Vs State of Tamil Nadu The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District, (In Crime No.132 of 2026) ... Respondent PRAYER :- For Anticipatory Bail in Crime No.132 of 2026 on the file of the respondent police. For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)