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2026 DAILYLAW 53889 (MAD)

Akbar Basha v. The State of Tamilnadu Rep by

/18387/2026 · 2026-07-14

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18387 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18387 of 2026 1.Akbar Basha 2.Asgher Basha 3.Thanseer Ahmed 4.Basheer Ahmed @ Imthiyaz Ahmed 5.Ahmath Basha ... Petitioners Vs. The State rep by its. The Inspector of Police, Pernambut Police Station, Vellore District. (Crime No.172 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.172 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Vijayaragavan For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18387 of 2026 O R D E R The petitioners who apprehend arrest for the alleged offence under Section 194 of BNSS @ Sections 108 and 351(2) of BNS in Crime No.172 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The allegation against the petitioners is that the defacto complainant’s son Madhar married one Faritha and there is a matrimonial dispute between the said Madhar and Faritha and they were living separately. In such circumstances, the said Faritha lodged a complaint with regard to the matrimonial dispute and for recovery of five sovereigns of gold jewels against her husband and the petitioners who are the relatives of the said Faritha gave life threat to the said Madhar and hence, he committed suicide by hanging in his house and died on 27.05.2026 . Hence the complaint. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case and they are the relatives of the deceased’ wife and they did not give life threat to him. He further submitted that the petitioners are ready to co-operate with the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18387 of 2026 investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioners have abetted him to commit suicide. Hence, he opposed the grant of anticipatory bail to the petitioners. 5. Taking into consideration the totality of the circumstances and the fact that there is no specific overtact against the petitioners and that the petitioners are the relatives of the deceased wife, this Court is of the firm view that the 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 petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudiyattam, Vellore District, on condition 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18387 of 2026 that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned 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; (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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18387 of 2026 (e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 14.07.2026 ssb To 1.The Judicial Magistrate, Gudiyatham, Vellore District. 2.The Inspector of Police, Pernambut Police Station, Vellore District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18387 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.18387 of 2026 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis