Syed Ahamed Sheik Jassim v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Syed Ahamed Sheik Jassim,

2. Huthaiba,

3. Thangasudalai, ... Petitioners/Accused Rank not Known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Melapalayam Police Station, Tirunelveli City.

Crime No.Not Known of 2024.

... Respondent/Complainant For Petitioner : M/s. Suyambulinga Bharathi.K, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor : Mr.D.Rameshkumar, Advocate for Mr.A.Abdul Kabor, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/3

PRAYER :- For Anticipatory Bail in Crime No.Not known of 2024 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 351(3) of BNS, 2023 in Crime.No.Not Known of 2024, seek anticipatory bail.

2. The learned counsel for the petitioners would submit that even the reading of the FIR would show suspicion on the very account of the defacto complainant, he has totally suppressed the factum of borrower and only because the money which is borrowed was being asked for, such a complaint has been cleverly drafted. He would further submit that the entire amount which was sent by the petitioners was only through bank and therefore it is not a hawala transaction.

3. The learned counsel appearing on behalf the defacto complainant would submit that only because the money was promised to be given they went to the spot and there they suffered the thing.

4. I have heard the learned counsel appearing on either side and perused the materials available on record.

5. The amount involved in this case is very huge. It seems that detailed investigation is necessary even in respect of the accused as well as the defacto 2/3

complainant and if during the course of the investigation, if any hawala transaction is being unearthed, the same has to be informed to the appropriate agency also. Considering the fact that the parties are involving in cash transactions with huge money, this case requires custodial interrogation and therefore I am not inclined to enlarge the petitioners on anticipatory bail

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI CITY.

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

ORDER

IN CRL OP(MD) No.17384 of 2024 Date :16/10/2024 SA/MMS/SAR. /05.11.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3