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Madras High CourtCRL OP/16779/2025granted

Imran Ahmed v. State By, The Inspector Of Police

2025-06-24Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Imran Ahmed ... Petitioner/A2 Vs.

State Rep. By its The Inspector of Police, Ambur Town Police Station, Tirupattur District.

(Crime No.117 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.117 of 2025 on the file of the respondent police station. For Petitioner :

Mr.S.Silambuselvan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.05.2025, for the offences punishable under Section 179 of BNS, 2023 (Section 489-C of IPC) in connection with Crime No.117 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the de-facto complainant is the Manager of Indian Bank, Ambur Branch. One Shabana had taken jewel loan from the de-facto complainant's Bank. When she came to repay the jewel loan, a sum of Rs.8,400/- (84 number of Rs.100/-) found to be counterfeit currency notes. On enquiry, she informed that her son Aamir gave that amount. On enquiry with Aamir, he informed that he received the amount from his friend one Thoufique/A1. Based on the confession of A1 the petitioner was arrested in this case.

3. The contention of the learned counsel for petitioner is that the petitioner is having cloth shop and used to put up temporary cloth shops during Ramzan at various places and make his earnings. One of his friend Thoufique gave loan to the petitioner for putting up the shop and in repayment of the same, he handed over the money. The said Thoufique gave the said money to one Aamir, who in turn handed over the same to his mother. His mother Shabana repaid the jewel loan using this money to Indian Bank, Ambur Branch. The bank officials found 84 numbers of hundred rupee notes counterfeited and they informed the police, for which, the petitioner 2/6

has been now arrested. According to the petitioner, he only handed over the money, which he collected from the public during sale of articles. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed the petitioner's contention submitting that the petitioner on arrest confessed that he had gone to the State of Andhra Pradesh, collected counterfeit money and knowingly circulated the counterfeit currency to one Thoufique, who handed over to Aamir and Aamri handed over the same to his mother. His mother paid the money to Bank, later on the complaint of the Bank the petitioner was arrested. After the arrest, petitioner's house was searched, no other counterfeit currency could be seized.

5. Heard both sides and perused the materials available on record. 6.Considering the nature of allegations and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 learned Additional District Munsif cum Judicial Magistrate, Ambur, and on further conditions that:

[a] 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 the identity proofs to ensure their identity; [b] the petitioner shall appear before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned 4/6

conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.06.2025 rsi 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 the official website of this Court will be watermarked and will also have a QR code.

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M.NIRMAL KUMAR, J.

rsi To 1.The Additional District Munsif cum Judicial Magistrate, Ambur.

2.The Inspector of Police, Ambur Town Police Station, Tirupattur District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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