Ajmal Khan v. State of Tamilnadu Rep by Inspector of Police, Cumbum North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/06/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL

¶1Ajmal Khan

¶2Sahapdeen

¶3Hameed Anasari

¶4Nizamudeen ... Petitioners/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Cumbum North Police Station, Theni District. Crime No.378/2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No.378/2026 on the file of the Respondent Police. For Petitioners : P. Kottaichamy, Advocate. For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b) and 351(2) of BNS, 2023, and Section 4 of TNPHW Act, in Crime No.378 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.

The

case

of

the

prosecution

is

that the petitioners are said to have abused the defacto complainant in filthy language. When the same was questioned by her, they threatened her with dire consequences. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the no one sustained injury in this case and no previous case is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioners abused and threatened the defacto complainant and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that no one sustained injury in this case and no previous case is pending against the petitioners.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioners, and there is a dispute between the parties and no one sustained injury in this case and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Uthamapalayam, 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 Judicial Magistrate concerned and on further conditions that: [b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the interrogation. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

08.06.2026 dss

To

1.The Judicial Magistrate, Uthamapalayam.

2.The Inspector of Police, Cumbum North Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.10332oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.10332oofo2026 ooooooooooooooooooooooooooooooDateoo:o08/06/2026