CRL OP/10421/2026 of HajaMohideen Vs State rep.by,
Crl.O.P.No.10421 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2026
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
Crl.O.P.No.10421 of 2026
Hajamohideen ... Petitioner
Vs.
The State of Tamil Nadu,
Rep. By the Inspector of Police,
Anaikkaran Chathiram Police Station,
Mayilathudurai District.
(Crime No.Not Known of 2026) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner’s
anticipatory bail in the event of his arrest in Crime No.Not Know n of 2026
pending investigation on the file of the respondent police.
For Petitioner : Mr.Rajkumar
For Respondent : Mr.P.Dhileepan,
Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent
police for the offences punishable under Sections 296(b), 126(2), 118(1),
351(3) of BNS [corresponding Sections 294(b), 341, 324 and 506(ii) of IPC]
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Crl.O.P.No.10421 of 2026
in Crime No.Not Known of 2026, on the file of the respondent Police, seeks
anticipatory bail.
2. The allegation against the petitioner is that on 14.04.2026, when the
petitioner visited the shop of the de facto complainant to purchase a mosquito
coil and attempted to pay using a damaged currency note of Rs.30/-, a wordy
quarrel arose when the sane was questioned. In furtherance thereof, the
petitioner assaulted the de facto complainant using a coconut. Hence, t he
case.
3. The learned counsel for the petitioner submitted that the petitione r is
an innocent person and has not committed any offence as alleged by t he
prosecution and that he has been falsely implicated in this case. He further
submitted that the petitioner is ready to co-operate with the investigation.
Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent police submitted that the occurrence took place on 14.04.2026 and
that the FIR came to be registered on 20.04.2026. He further submitted t hat
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Crl.O.P.No.10421 of 2026
the injured has been discharged from the hospital.
5. Taking into consideration the totality of the circumstances, including
the fact that the occurrence took place on 08.04.2026 and that the FIR ca me
to be registered on 20.04.2026 and that the injured has been discharged fr om
the hospital, this Court is of the firm view that, at this length of time, further
custodial interrogation of the petitioners is not required. Hence, this Court is
inclined to enlarge the petitioners on anticipatory bail, subject to certain
conditions.
6. Accordingly, the petitioner is ordered to be released on bail i n the
event of arrest or on his appearance, within a period of fifteen (15) days from
the date on which the order copy is made ready, before the learned Judicial
Magistrate Court, Sirkali, on condition that the petitioner shall execute a
bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two
sureties each, for a like sum to the satisfaction of the learned Magistrate
concerned, and on further conditions:
(a) If the petitioner fails to surrender before the
concerned learned Magistrate within a period of fifteen (15)
days from the date of receipt of a copy of this order, this order
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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 identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent
police daily at 10.30 a.m., for a period of one week, and
thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
actions against the petitioner in accordance with law as if the
conditions have been imposed and the petitioner released on
anticipatory bail by the learned Magistrate/Trial Court himself
as laid down by the Hon'ble Supreme Court in P .K.Shaji v.
State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can
be registered under Section 269 of BNS Act.
27.04.2026
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Crl.O.P.No.10421 of 2026
To
1.The Judicial Magistrate Court, Sirkali.
2.The Inspector of Police,
Anaikkaran Chathiram Police Station,
Mayilathudurai District.
3.The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.10421 of 2026
C.KUMARAPPAN, J.
cda
Crl.O.P.No.10421 of 2026
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