Arafath @ Mohamed Arafath vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2659 Mad

Citation : 2026 Latest Caselaw 2659 Mad
Judgement Date : 20 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Arafath @ Mohamed Arafath vs State Of Tamilnadu Rep By Inspector Of ... on 20 May, 2026

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                     CRL OP(MD). No.9658 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              Dated : 20/05/2026

                                                   CORAM

                                  THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

                                          CRL OP(MD). No.9658 of 2026

                     Arafath @ Mohamed Arafath               ... Petitioner/Accused No.3

                                                      Vs

                     State of Tamilnadu Rep by,
                     The Inspector of Police,
                     Chinthamani Police Station,
                     Madurai City, Madurai.
                     Crime No. 244 of 2026.                ... Respondent/Complainant

                     PRAYER :-
                       For Anticipatory Bail in Crime No. 244 of 2026 on the file of the
                     respondent Police.

                       For Petitioner : M/s.A.Senthilvel,
                                 Advocate.
                       For Respondent : Mr.A.Albert James,
                                 Government Advocate (Crl.Side)




                     ORDER :

The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the

respondent for the offences punishable under Sections 296(b), 115(2),

118(1) & 351(3) of BNS Act, 2023, in Crime No.244 of 2026 on the file

of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity

between A1 and the brother of the defacto complainant, on 10.05.2026,

the petitioner and other accused are said to have assaulted the defacto

complainant with bricks and threatened him with dire consequences.

Hence, a case has been registered against the accused for the aforesaid

offences. Hence, this petition.

3. The learned counsel for the petitioner would submit that the

petitioner is innocent and has not committed any offence as alleged by

the prosecution, and his name has been falsely implicated in the case.

Hence, he prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits

that due to the dispute between A1 and the brother of the defacto

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complainant, the alleged occurrence was happened and the investigation

is still pending. Hence, he opposes the grant of anticipatory bail to the

petitioner. However, he fairly conceded that the injured was discharged

from the hospital and the petitioner has no previous case.

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

6. Considering the rival submissions made on either side, the

nature of the offences charged against the petitioner, and also

considering the fact that the injured was discharged from the hospital and

the petitioner has no previous case, I am inclined to grant anticipatory

bail to the petitioner subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in

the event of arrest or on his appearance, on condition that 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

Judicial Magistrate Court No.IV, Madurai District, within a period of

fifteen days from the date on which the order copy is made ready and on

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further conditions that:

[a] the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond

and the Magistrate may obtain a copy of their Aadhar card

or Bank pass Book to ensure heir identity;

[b] the petitioner shall report before the respondent

police once in a week ie., on every Monday at 10.30 a.m.

until further orders;

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 petitioner in accordance with

law as if the conditions have been imposed and the petitioner

released on bail by the learned Magistrate / Trial Court

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himself as laid down by the Hon'ble Supreme Court in

P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].