Sheik Jeyalani Vs The State of Tamilnadu — Anticipatory Bail | Madras HC (2025)

Sheik Jeyalani Vs The State of Tamilnadu — Anticipatory Bail | Madras HC (2025)

What the court decided

AI extract

Outcome

Protection from arrest: the petitioners shall not be arrested by the respondent police till such time as the police follow the procedure under Section 35 of BNSS, conduct the enquiry, and either register the F.I.R. (if a prima facie case is made out) or close the petition enquiry within two weeks of receipt of a copy of the order; with these directions the criminal original petition is disposed of.

Issue for consideration

Whether the petitioners, apprehending arrest at the hands of the respondent police in Crime No.Not Known of 2025 for offences punishable under Sections 296, 351(2) of BNS r/w Section 4 of TNPHW Act, are entitled to anticipatory bail under Sec.482 of BNSS. +1 more

Court's answer

Till such time (i.e., until the enquiry is conducted and the FIR registered or the petition enquiry closed as directed), the petitioners shall not be arrested by the respondent police.

Ratio / Principle

The respondent police is directed to follow the procedure laid down under Section 35 of BNSS and to conduct the enquiry.

Key takeaways

If a prima facie case is made out against the petitioners, the F.I.R. shall be registered; otherwise the petition enquiry shall be closed, in either event within a period of two weeks from the date of receipt of a copy of the order.ratio¶22

Detailed headnote1 paragraphs

Anticipatory Bail - Sec.482 BNSS - petitioners apprehending arrest in Crime No.Not Known of 2025 for offences under Sections 296, 351(2) of BNS r/w Section 4 of TNPHW Act - Government Advocate submits only a petition enquiry (CSR.No.493 of 2025) is pending - counsel alleges harassment under guise of enquiry - held: respondent police directed to follow the procedure under Section 35 of BNSS and conduct the enquiry; if a prima facie case is made out, register the F.I.R., else close the petition enquiry, within two weeks of receipt of copy of order - till such time, petitioners not to be arrested - criminal original petition disposed of (P. Vadamalai, J., 16.07.2025).

CRL OP(MD). No.11731 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 16/07/2025

PRESENT

THE HONOURABLE MR. JUSTICE P. VADAMALAI

CRL OP(MD). No.11731 of 2025

1. Sheik Jeyalani, S/o.Sulaiman,

Hasina Barveen, W/o.Sheik Jeiyalani, 3. Muthuraj, S/o.K.Madasamy ... Petitioners/Accused Vs

The State of Tamil Nadu, Rep. by the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District. (Crime No.Not Known of 2025) ... Respondent/Complainant

For Petitioners : Mr.A.D.Ganeshamoorthi, Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side)

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CRL OP(MD). No.11731 of 2025

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

PRAYER :-

For Anticipatory Bail in Crime No.Not Known of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296, 351(2) of BNS r/w.Section 4 of TNPHW Act in Crime No.Not Known of 2025, seeks anticipatory bail.

Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal Side), on instructions, submitted that the petition enquiry is pending against the petitioners (CSR.No.493 of 2025).

The learned Counsel for the petitioners submitted that the respondent police is harassing the petitioners under the guise of enquiry.

Considering the facts and circumstances of the case, the respondent police is directed to follow the procedure under Section 35 of BNSS, and to conduct the enquiry and if any prima facie case is made out against the petitioners, register the F.I.R. or close the petition enquiry within a period of two weeks from the date of receipt of a copy of this order.

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CRL OP(MD). No.11731 of 2025

Till such time, the petitioners shall not be arrested by the respondent police.

With the above directions, this criminal original petition is disposed of.

Sd/-

16.07.2025

// True Copy //

/2025 Sub Assistant Registrar (CS – I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

gvn

TO

The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate (SR-7668[I] dated 16/07/2025)

ORDER IN CRL OP(MD) No.11731 of 2025 Date : 16/07/2025

AVK/28.07.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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