Mohamed Irfan v. The State Of Tamil Nadu,Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25730 of 2025 Mohamed Irfan ... Petitioner Vs.

The State of Tamilnadu, Rep. By the Inspector of Police, T-18, Thazhambur Police Station, Pallikaranai District, Tambaram City.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.292 of 2025 on the file of the respondent police. For Petitioner : Mr.J.Aravind For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 329(4), 296(b), 308, 140, 118(1) and 351(3) of BNS, 2023 in Cr.No.292 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined 1/6

hands with other accused has abducted the college student, who is studying at Sathyabama University and demanded Rs.1,00,000/- and subsequently, after collecting Rs.58,700/- from the student, let him out. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that this petitioner has been wrongly implicated in this case and no money was transferred in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that totally 12 accused persons involved in this case, out of which, 8 accused were arrested and enlarged on bail. He further reported that though money was transferred into the account of A3, no money was recovered from them. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case and the submissions made by both counsel, already the arrested co-accused were enlarged on bail and taking note of the fact that the petitioner being a student, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.292 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned District Munsif-Cum-Judicial Magistrate Court, Thiruporur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the 3/6

concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19.09.2025 Vv To 4/6

1. The District Munsif-Cum-Judicial Magistrate Court, Thiruporur

2. The Inspector of Police, Tambaram Police Station, Tambaram, Chennai-600 045.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.25730 of 2025 19.09.2025 6/6