Nilafar v. Stae Rep.By,The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2816 of 2025 Nilafar Petitioner(s) Vs The State rep by its The Inspector of Police, Airport Police Station, (Crime No 65/2024) Respondent(s) For Petitioner(s):
Mr.Sathish Rajan For Respondent : Mr.Leonard Arul Joseph Selvam 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 292, 214, 218, 221, 224, 121(1), 351(1) of BNS, in Crime No.65 of 2024, on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution as per the defacto complainant is that the petitioner, along with others, came to India on Sri Lankan Airlines Flight No.UL121, when the defacto complainant intercepted them; they attempted to snatch their passports, obstructed the officers and also prevented them from discharging their official duties. Hence, the complaint.
3. Learned counsel for the petitioner would submit that the allegations are false and the complaint was lodged by the defacto complainant who is the Deputy Commissioner of Customs; that he is a Sri Lankan Citizen; that the petitioner has been falsely implicated in this case; and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that F.I.R., have been registered against the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the Page No.2 of 6
materials available on record.
6. Considering the nature of allegations, and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Alandur, on condition that each petitioner shall execute a separate 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on 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 their identity. Page No.3 of 6
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.02.2025 drl To
1. The Inspector of Police, Page No.4 of 6
Airport Police Station, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN, J.
drl Page No.5 of 6
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