U.Saleem Badusha v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.2717 of 2025

¶1U.Saleem Badhusha, S/o.Umarkhan,

¶2S.Mumthaj Begam, W/o.Saleem Badhusha

... Petitioners/Petitioners

Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Madurai Town, Madurai. Crime No.4/2025.

... Respondent/Complainant For Petitioners : M/s.P.Yasmin Begum

Advocate. For Respondent : Mr.M.Karunanithi,

Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER:- To modify the condition No.7(i) imposed in Crl.OP(MD).No.2717 of 2025 dated 14.03.2025. ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(i) imposed in Crl.OP

(MD).No.2717 of 2025 dated 14.03.2025.

¶2The learned counsel for the petitioners would submit that the petitioners have filed an anticipatory bail petition before this Court on 10.02.2025 in Crl.OP.

(MD).No.2717 of 2025. The said anticipatory bail petition was heard and on

14.03.2025, this Hon'ble Court was pleased to grant anticipatory bail to the petitioner with certain conditions. In the said bail order, Condition No.7(i) as follows: ''(i). The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai.''

¶3The learned Counsel appearing for the petitioners further submits that concerned satisfaction court is insisted the petitioners to produce two sureties with solvency certificates. Accordingly, with great effort solvent sureties were produced for the first accused namely Mr.Mohamed Ibrahim before the concerned Court and execute the bail bond and he complied the other conditions imposed by this Hon'ble Court. However, these petitioners are concerned, they are belonged to very poor family and they are the Cooli workers. These petitioners are not able to arrange for solvent sureties and they are not in a position to arrange solvent sureties. The petitioners seek indulgence of this court by modifying the said condition imposed against them and allow them to produce two blood sureties instead of solvent sureties. Hence, she prays to allow the present modification petition.

¶4The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Miscellaneous Petition.

¶5Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the Condition No.7(i) in the order made in Crl.O.P(MD).No.2717 of 2025 dated

14.03.2025. Accordingly, Condition No.7(i) is modified as ''(i). The petitioners herein shall be released on anticipatory bail in the event of their arrest or in the event of their surrender before the learned Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each along with two blood relative sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai.''. The other conditions shall remain unaltered.

¶6With the above said modification, this Criminal Miscellaneous Petition is allowed. sd/- 15/07/2025

/ TRUE COPY /

15/07/2025

Sub-Assistant Registrar ( )

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn TO 1 THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF POCSO ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.YAMIN BEGUM, Advocate ( SR-7571[I] dated 15/07/2025 ) ORDER IN CRL MP(MD) No.9051 of 2025 IN CRL OP(MD) No.2717 of 2025 Date :15/07/2025 NBF/SAR- /15/07/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023