CRL OP No. 17150 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17150 of 2026 Mougamadou Gazaly No-10 Hajiyar street, Neravy, karaikal, Now at, No.10, Noolkadai Street,Nagapattinam, Tamilnadu - 641 602 ..Petitioner Vs The State of Tamilnadu Rep by The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam. Crime No.411 of 2025. ..Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner / Accused on bail in the event of the arrest in Crime No.411 of 2025 on the file of the Inspector of Police, Nagapattinam Town,Nagapattinam District. For Petitioner: Mr.Thiyagarajan A For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis CRL OP No. 17150 of 2026 __________ Page2 of 6 ORDER The petitioner apprehends arrest for the alleged offences under Sections 468 & 471 of the Indian Penal Code (IPC) & Section 12(1)(b) of the Passports Act 1967 in Crime No.411 of 2025 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner along with other accused unlawfully trespassed into the complainant’s residence and demolished the house and valuable wood materials. Further, the first accused absconded to Qatar after obtaining a passport by using forged documents. Hence the complaint. 3. The learned counsel for the petitioner submitted that he is no way connected with the offence and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that petitioner along with other accused unlawfully trespassed into the complainant’s residence and demolished the house and valuable wood https://www.mhc.tn.gov.in/judis CRL OP No. 17150 of 2026 __________ Page3 of 6 materials. Further the petitioner/accused absconded to Qatar after obtaining a passport on the basis of forged documents. Hence, he opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. 6. Considering the nature of the allegations and also considering the fact the petitioner is aged about 60 years, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in 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 No.I, Nagapattinam 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 shall stand automatically cancelled; https://www.mhc.tn.gov.in/judis CRL OP No. 17150 of 2026 __________ Page4 of 6 (b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (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 am for a period of two weeks and thereafter as and when required; (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 is 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. 06-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis CRL OP No. 17150 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate No.I, Nagapattinam. 2. The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam. 3. The Public Prosecutor, High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 17150 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MFA CRL OP No. 17150 of 2026 06-07-2026 https://www.mhc.tn.gov.in/judis