Naganathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.3231 of 2025 Naganathan, S/o.Muthuvel, 8/1419, Thuthi Valasai, Ramanathapuram, Uchipuli, Ramanathapuram District.

... Petitioner/Ranking not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Airport Police Station, Trichy City.

Trichy District.

Crime No.206/2024.

... Respondent/Complainant For Petitioner : Mr.Syed Ali.N, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) 1/4

PRAYER :- For Anticipatory Bail in Crime No.206/2024 on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 18.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 336(3) and 340(2) of BNS, 2023 and Section 12(1) (b) of the Passport Act, 1967 in Crime No.206 of 2024 on the file of the respondentpolice.

3. The case of the prosecution is that on 06.07.2024, at about 10:00 a.m., the petitioner, who holds an Indian passport, sought clearance to travel to Malaysia. During the enquiry, it was found that the petitioner had previously travelled using a fraudulently obtained passport by misusing his brother's identity. Hence, the case.

4. Mr.N.Syed Ali, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that Accused No.1 in this case has already been granted pre2/4

arrest bail by the learned Principal District and Sessions Judge, Trichirappali in Crl.M.P.No.3581 of 2024 vide order dated 22.07.2024. He therefore prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the custodial interrogation of the petitioner is required in this case. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Considering the nature of offence and taking note of the fact that the custodial interrogation of the petitioner may be required in this case, this Court is of the view that if pre-arrest bail is granted to the petitioner, he may abscond and commit the same offence once again. Hence, this Court is not inclined to grant prearrest bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 26/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG TO 1 THE INSPECTOR OF POLICE, AIRPORT POLICE STATION, TRICHY CITY. TRICHY DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.SYED ALI.N Advocate SR.No.12827(F) DATED 27/02/2025

ORDER

IN CRL OP(MD) No.3231 of 2025 Date :26/02/2025 NBF / SKN /SAR- (18/03/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4