Farook Basha v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Farook Basha ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli District.
Crime No. 330 /2024.
... Respondent/Complainant For Petitioner : Mr.M.Raja Mohammed, Advocate For Mr.M.Mydina, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 330/2024. on the file of the Respondent Police 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 416 and 420 of IPC in Crime No.330 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 to A3 projected themselves to be Government officials and misled the defacto complainant and promised that they will clear the patta issue and demanded money from the defacto complainant. Believing them, the defacto complainant parted with a sum of Rs.10 Lakhs. Later it came to light that the defacto complainant has been cheated. The petitioner has been ranked as A4 and the allegation against A4 and A5 is that they are the accomplice of A1 to A3 and helped A1 to A3 to commit the offence. A1 and A5 have been arrested in this case and later released on bail.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is said to be an accomplice and the main overt 2/5
act is attributed against A1 to A3 and there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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 No.IV, Tirunelveli, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police every Monday and Friday at 10.30 a.m for a period of eight weeks and thereafter, as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during 3/5
investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 28/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
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3. THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1574 of 2025 Date :28/01/2025 RK/SKN(14/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5