← Library
Madras High CourtCRL OP/25541/2025granted

S.Shafeeque Ahmed v. State Rep. By

2025-09-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Shafeeque Ahmed Petitioner(s) Vs State rep. by The Inspector of Police, ARCOT TOWN Police Station, D. No.l1 Arani Rode, Arcot, Walajah, T K,Vellore District(old), Ranipet District (New)- 632503. Crime No.581 of 2016 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in Crime No.581 of 2016 on the file of the respondent police .

For Petitioner(s):

Mr.R.Vinoth Kumar For Respondent(s):

Mr.S.Udhayakumar, GA (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 471 and 420 of IPC read with Section 12(1) of Passport Act, in Crime No.581 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with several others had fabricated documents and obtained passport illegally. Hence, the complaint.

3. The learned counsel for the petitioner submits that petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, he prayed for grant of anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the investigation in this case is at crucial stage and if the petitioner is granted

anticipatory, there is a possibilities of tampering the witnesses and hampering the investigation.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6.Considering the fact that the case against the petitioner was registered in the year 2016 and that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate 's Court, Arcot Vellore District (Old), Ranipet District (New) on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the

satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent police everyday at 10:30 a.m., for a period of two weeks;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17-09-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, ARCOT TOWN Police Station, D.

No.l1 Arani Rode, Arcot, Walajah, T K,Vellore District(old), Ranipet District (New)-632503.

2. The Judicial Magistrate's Court, Arcot Vellore District (old), Ranipet District (New).

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 25541 of 17-09-2025