Y.Mohammed Ayub Basha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6533 of 2015 Y.MOHAMMED AYUB BASHA ... PETITIONER / ACCUSED [RANK NOT KNOWN] Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY CITY. CRIME NO.195/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 420 r/w Sections 10 and 24 of Immigration Act, in Crime No.195 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the husband of the de facto complainant was sent to abroad on 25.04.2014 through the travel agency run by the accused and now his passport is not returned and hence, he is not able to come back to India thereby the accused cheated the de facto complainant.

3.The learned counsel for the petitioner submitted that the husband of the de facto was sent to abroad in the month of April 2014 and he was working in an employer and thereafter, without proper permission, he joined in some other company for higher salary. Therefore, the original passport was retained by the erstwhile-employer for which the petitioner is no way responsible. It is further submitted that the petitioner is an innocent person https://hcservices.ecourts.gov.in/hcservices/ and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) for the respondent Police submitted that the petitioner does not have any previous case.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Trichy, and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY CITY.

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

+1. CC to M/S.B.JAMEEL ARASU, Advocate SR.No.22263. ORDER IN CRL OP(MD) No.6533 of 2015 msm 29.04.2015 p2/6c Date :24/04/2015 https://hcservices.ecourts.gov.in/hcservices/