Khaja Mohaideen v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM in CRL.A.No.1235 of 2024 Khaja Mohaideen ... Petitioner / 6th Accused Vs.

Union of India, Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch, Ref:RC.No.42/2022/NIA/DLI) ... Respondent / Complainant Prayer: Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S, 2024, to grant interim bail to the petitioner / appellant for a period of 14 days in Spl.S.C.No.1 of 2023 pending on the files of the Learned Special Court for NIA Cases, Poonamallee, Chennai in Crl.A.No.1235 of 2024.

For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.R.Karthikeyan Special Public Prosecutor For NIA

O R D E R

[Order of the Court is made by S.M.SUBRAMANIAM, J.] The criminal miscellaneous petition has been instituted mainly on the ground that the father of the petitioner / accused / A6 expired today i.e., on 29.10.2024 at about 09:10 A.M.

2. Mr.R.Karthikeyan, learned Special Public Prosecutor appearing on behalf of the respondent / National Investigation Agency on instruction from the respondent / Authority would submit that the father of the petitioner died today at 09:10 A.M. Therefore, the respondent has no serious objection for granting interim bail to the accused.

3. Mr.I.Abdul Basith, learned counsel for the petitioner would submit that ten (10) days interim bail may be granted.

4. Considering the fact that the father of the petitioner / accused / A6 died today, interim bail is granted to the petitioner on the following conditions;

(1)The petitioner / Remand Prisoner viz., Khaja Mohaideen, S/o.Shiek Jintha, aged about 37 years, now confined at Central Prison, Puzhal, Chennai, is ordered to be released on interim bail forthwith on his executing a own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Superintendent, Central Prison, Puzhal, Chennai along with required Escort. (2)The petitioner / remand prisoner will not leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and shall keep them posted about his whereabouts.

(3)The petitioner / remand prisoner is directed to surrender before the Prison Authorities on expiry of ten days of interim bail at 05:30 P.M. on 08.11.2024.

5. Accordingly, this Criminal Miscellaneous Petition stands allowed. [S.M.S., J.] [V.S.G., J.] 29.10.2024 Index : Yes Jeni Note:Registry is directed to issue order copy on 29.10.2024.

To 1.The Special Court for NIA Cases, Poonamallee, Chennai 2.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

3.The Inspector of Police, Union of India, National Investigation Agency, Chennai Branch, 4.The Special Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

Jeni in CRL.A.No.1235 of 2024 29.10.2024