Thoufeeq v. The State Of Tamilnadu Rep. By The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Thoufeeq ... Petitioner/A1 Vs.

The State of Tamilnadu represented by The Sub-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.M.Mubeen For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.05.2025, for the offences punishable under Section 179 of BNS, 2023 in connection with Crime No.117 of 2025, registered on the file of the respondent, seeks bail.

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 this complaint, the petitioner was arrested in this case.

3. The contention of the learned counsel for petitioner is that the petitioner was remanded to judicial custody on 16.05.2025 and he was in custody for the past 16 days, that the petitioner is innocent of the offences and no way connected with the case, that the petitioner is innocent of the offences and no way connected with the case, that the petitioner is falsely 2/6

implicate in the above case, that there is no overtact against the petitioner, that the petitioner is having permanent residence and he is ready to furnish sufficient sureties to ensure his regular attendance and abide by any condition imposed by this Court, and prays that the petitioner may be granted bail. 4.The learned Government Advocate (Crl.side) appearing for the respondent vehemently opposed for grant of bail to the petitioner and submitted that there are totally two accused in this case and the petitioner is arrayed as A1. He further submitted that the co-accused/A2 granted bail by this Court in Crl.O.P.No.16779 of 2025 dated 24.06.2025.

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.

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 3/6

learned 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 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.07.2025 gbi 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.

gbi To 1.The Judicial Magistrate, Ambur.

2.The Sub-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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