Mohamed Ali Jinna v. The State, Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP No. 16094 of 2025 Mohamed Ali Jinna .

... Petitioner Vs State rep.by The Inspector of Police, Avadi CCB Forgery Team Police Staton Avadi, Chennai-600 054.

Crime No.5 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.5 of 2025 on the file of the respondent Police.

For Petitioner(s): Mr. J.Chandran Sundar Sashikumar For Respondent(s): Mr.L.Baskaran, Govt.Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.04.2025 for the alleged offence punishable under Sections 406, 465, 468, 477, 420, 120B r/w 34 of IPC, in Crime No.5 of 2025, on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the accused persons who were known to the de-facto complainant's husband represented that they are running Good Luck Real estate and offered to purchase land at Super Luck City Annex at Perungavur Village, and the de-facto complainant accepted the offer and purchased Plot No.65 for Rs.5,76,000/- which was registered in document No.784/2014 and obtained patta No.11; later, when the de-facto complainant tried to sell the land came to know that the survey no.590/1A3, 5492/13, 592/6B, 490/2C are all poramboke lands which is vested with the government and thereby the accused have cheated many persons to the tune of Rs.54,48,000/-. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. As per the FIR, the only allegation against the petitioner/A6 is that he had received the money and issued the receipt. He further submitted that the petitioner was arrested and he is in judicial custody from 24.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 21.04.2025 and investigation is almost complete.

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

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Poonamallee and on further conditions that:- [a] 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 3/6

ensure their identity;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 51340];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Poonamallee.

2. The Inspector of Police, Avadi CCB Forgery Team Police Staton Avadi, Chennai-600 054.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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K.GOVINDARAJAN THILAKAVADI, J.

uma Crl.O.P.No.16094 of 2025 28.05.2025 6/6