Mohammed Shan v. State Of Tamilnadu Rep By The Inspector Of Police, Allinagaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.21613 of 2025 Mohammed Shan ... Petitioner Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.100 of 2025) ... Respondent For Petitioner : Mr.A.Abulhasan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.H.Thayumanaswamy PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.100 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/6

for the offences punishable under Sections 296(b), 316(2), 318(4), 351(2) of BNS, 2023, in Crime No.100 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de facto complainant, who owns Vanavil Agency and is engaged in providing finance services, was introduced to the accused through his friend Vignesh in 2024. Vignesh advised the complainant to enter into the business of selling customs iPhone products through the accused, stating that the accused was well-versed in that line of business. Acting on this advice, the de facto complainant transferred a total sum of Rs.9,53,500/- to the accused's bank account during the period from 01.04.2024 to 30.04.2024. The de-facto complainant neither received the products nor the money. On 27.04.2025 when the de-facto complainant asked about the money, the accused person abused him with inappropriate words and issued a threat to life. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

5.It is seen that the petitioner has already deposited Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in the crime number. The defacto complainant is permitted to withdraw the above said amount.

6. Taking into consideration of the facts and circumstances of the case and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Learned Judicial Magistrate, Theni, within a period of fifteen days from the date on which the 3/6

order copy made ready and on 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only), to the credit of Crime No.100 of 2025 before the learned Judicial Magistrate, Theni, within a period of four weeks from the date of receipt of a copy of this order. 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.100 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., for a period of two weeks and thereafter, as and when required. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[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 4/6

petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

19.02.2026 TMG TO

1. The Learned Judicial Magistrate, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.21613 of 2025 Date : 19.02.2026 6/6