Syed Mustafa v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Syed Mustafa 2.Yasmin ... Petitioners Vs The State of TamilNadu, Through The Inspector of Police, Navalpattu Police Station, Trichy.

... Respondent (Crime No.18 of 2025) For Petitioners : Dr.R.Alagumani For Respondent : Mr.B.Thanga Aravindh Government Advocate For Intervenor : Mr.M.Thangadurai PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Cr.No.18 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 of IPC, in Cr.No.18 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners in order to arrange a job for the defacto complainant, received the amount of Rs.3,10,000/- to the petitioners. However, the petitioners failed to make any arrangements for VISA. Hence, the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners did not involve in any of the offences as alleged by the prosecution. The petitioners are innocents and they are falsely implicated in this case. The petitioners are ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioners.

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4. The learned counsel appearing for the intervenor would submit that the petitioners not only cheated the defacto complainant, but also cheated several persons and hence, custodial interrogation is necessary.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the custodial interrogation is necessary in this case and therefore, he prays to dismiss this Criminal Original Petition.

6. Considering the facts and circumstances of this case and considering the fact that the allegations levelled against the petitioners are borne out by records, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.III, Trichy, on condition that the petitioners shall execute bonds 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/5

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity. [b] the petitioners shall report before the respondent Police Every Monday and Friday at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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]. 4/5

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SM TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.

3 THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-5490[I] dated 12/05/2025 )

ORDER

IN CRL OP(MD) No.4310 of 2025 Date :09/05/2025 SS/SAR- /26/05/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5