Sheik Mohamed @ Segu Mohamed v. State Of Tamilnadu Rep By Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.14354 of 2025 Sheik Mohamed @ Segu Mohamed ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Arumuganeri Police Station, Thoothukudi.

(Crime No.215 of 2025) ... Respondent/Complainant For Petitioner : Dr.R.Alagumani For Respondent : Mr.E.Antony Sahaya Prabahar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.215 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS, in Crime No.215 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 12.12.2024, the defacto complainant paid Rs.1,75,000/- to the petitioner's account for obtaining a job in Canada. However, the petitioner failed to make the necessary arrangements for a visa for the defacto complainant to travel to Canada and also failed to return the money. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner willing to abide any condition made by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the 2/6

respondent Police submits that the defacto complainant paid Rs.1,75,000/- to the petitioner for securing a job in Canada, but the petitioner neither arranged the visa nor returned the money. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the submission of the learned Counsel for the petitioner that the petitioner is ready to deposit Rs.75,000/-, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on 3/6

further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only), to the credit of Crime No.215 of 2025 before the learned Judicial Magistrate, Tiruchendur. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.215 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6

(e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner 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]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 10.09.2025 jbr 5/6

S.SRIMATHY,J.

jbr To

1. The Judicial Magistrate, Thiruchendur.

2. The Inspector of Police, Arumuganeri Police Station, Thoothukudi.

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

ORDER

IN CRL OP(MD) No.14354 of 2025 Date : 18.11.2025 6/6