Syed Mohammed Shahabuddin v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :29.10.2024
CORAM
The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.27287 of 2024 Syed Mohammed Shahabuddin ... Petitioner Vs State rep.by, The Inspector of Police, Central Crime Branch -I, Job Rocket Investigation Wing, Vepery, Chennai.
... Respondent [Cr. No.163 of 2024] For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of B.N.S.S PRAYER: - The Criminal Original Petition is filed under Section 483 of the BNSS praying to grant bail to the petitioner in Crime No.163 of 2024 on the file of the respondent police.
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ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.09.2024 for the offence punishable under Section 10, 24 of Emigration Act and under Section 318(4) of B.N.S in Crime No.163 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant who is working as a protector of Emigrants, Ministry of External Affairs, Government of India made complaint against the petitioner alleging that the petitioner is operating firm namely SIMA Consultant as an unauthorized agent and recruiting for overseas job without any valid license. It is alleged that the petitioner obtained passport from job seeker but he neither arranged overseas employment nor returned the passport. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel 2/6
further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that the petitioner is operating firm namely SIMA Consultant as an unauthorized agent and recruiting for overseas job without any valid license and he further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.
5.
Heard both side counsels and perused the materials available on record.
6. Considering the representation made on either side, considering the nature of offence charged against the petitioner, there is no previous case is pending against the petitioner and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to 3/6
the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Special Additional Metropolitan Magistrate Court for CCB and CBCID Cases at Egmore, Chennai and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 A.M, until further orders.
[c] the petitioner shall attend in accordance with the conditions of the bond.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected.
[f] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 4/6
[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
29.10.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order nsl P.DHANABAL ,J, nsl 5/6
To
1. The Special Additional Metropolitan Magistrate Court for CCB and CBCID Cases at Egmore, Chennai.
2. The Inspector of Police, Central Crime Branch -I, Job Rocket Investigation Wing, Vepery, Chennai.
3. Central Prison, Puzhal 4.The Government Advocate (Crl.Side), High Court, Madras. CRL.OP.No.27287 of 2024 29.10.2024 6/6