Mohamed Yasin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 28.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.16246 of 2021 Mohamed Yasin ... Petitioner/Accused No.1 Vs 1.State rep.by The Inspector of Police, Nigdi Police Station, Pune City, Maharashtra State.

(Crime No.284 of 2021).

2.The Inspector of Police, Anna Nagar Police Station, Madurai City.

... Respondents/Complainant For Petitioner : M/s.N.Mohideen Basha, Advocate For Respondent.2 : M/s.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.284 of 2021 on the file of the first respondent Police.

ORDER : The Court made the following order : The petitioner is apprehending arrest for the alleged offence under Sections 406, 420 IPC and Section 66(c)(b) of Information Technology Act in Crime No.284 of 2021 on the file of the Nigdi Police Station, Pune City, Maharashtra State and therefore, sought for grant of Inter-State Anticipatory Bail.

2. The prosecution case is that the accused persons conspired and the second accused called the defacto complainant over phone and introduced himself as the husband of the defacto complainant's sister-in-law and obtained a sum of Rs.1,50,000/- through bank transfer. Thereafter, he introduced himself to a bitcoin agent and

bitcoins were issued to him. When the defacto complainant contacted his sister-in-law and asked about the money, she told that her husband has never contacted the defacto complainant and that the accused persons cheated him. Hence, the complaint.

3. Learned Counsel for the petitioner submits that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. He prays for grant of interim anticipatory bail for a limited period, so as to enable him to approach the jurisdictional Court to get regular bail.

4. A Division Bench of this Court in the decision reported in 1992 LW (Crl) 475, [S.P.Shanthi Swaroop and Others v. State of Tamil Nadu], after considering several judgments delivered by various High Courts, has held that in respect of persons, who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court, irrespective of the fact that they are residents of the place over which this Court was having jurisdiction, this Court can grant them Anticipatory Bail for a limited period and direct the concerned persons to move the Court, which is having regular jurisdiction over the matter in the meantime. The relevant portion in the said judgment reads as follows:

"The High Court or the Court of Session has got power under Section 438, Cr.P.C., to grant Anticipatory Bail irrespective of the local ....of the commission of the offence. In other words, in respect of persons, who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court irrespective of the fact that they are residents of the place over Anticipatory Bail. However, we wish to observe that while granting Anticipatory Bail, this Court has to restrict the relief for a limited period and to direct that concerned persons to move the Court which is having jurisdiction over the matter in the meantime and also impose such condition so as to make the Petitioners available for interrogation by the concerned Police in the meantime."

5. Considering the facts and circumstances of the case and in view of the decision referred to supra, without expressing any opinion with regard to the merits of the case, this Court is inclined to grant Inter-State Anticipatory Bail to the petitioner, enabling him to move the concerned Court of jurisdiction for Anticipatory Bail.

6. Accordingly, Anticipatory Bail is granted to the petitioner for a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the learned Judicial

Magistrate No.6, Madurai, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that within the said period of four weeks, the petitioner shall appear before the concerned Court of jurisdiction and move for Anticipatory Bail before the said Court.

7. In fine, this criminal original petition is allowed in the above terms.

Sd/- 28/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gk Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.6, Madurai.

2.-do- Through The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Nigdi Police Station, Pune City, Maharashtra State.

4.The Inspector of Police, Anna Nagar Police Station, Madurai City.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.16246 of 2021 Date :28/10/2021 SP/VR/SAR IV/09/11/2021/4P/6C