R.Fathima v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH R.Fathima ... Petitioner /Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, CBCID - OCU Police Station, Trichy City.
(Crime No.1 of 2024) ... Respondent / Complainant For Petitioner : Mr.S.Atham Ali , Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.1 of 2024 on the file of the respondent Police. 1/6
ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 13.12.2024 for the alleged offences under Sections 61(2), 143, 319(2), 318(4) and 62 of BNS, 2023 and Sections 10 and 24 of Emigration Act, 1983, in Crime No.1 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner (A2) was running a travel agency. She along with A1 are said to have collected money from the victims to send them abroad for work. The victims were informed that they will have to go for work at Cambodia and air tickets were also arranged. When the victims went to Cochin Airport, the immigration Officers enquired and refused to send the victims to Cambodia.
3.
When the matter came up for hearing before this Court during the last occasion on 02.01.2025, the learned Additional Public Prosecutor submitted that there is a latest trend whereby persons are sent abroad and they are subjected to cyber crimes. This is now termed as 'Scam Job'. In view of the same, this Court directed the respondent police to file a status report and accordingly, a status report 2/6
has been filed before this Court. On carefully going through the status report, it is seen that the petitioner was running a travel agency. The petitioner along with A1 had collected a total sum of Rs.22,35,000/- from nearly six victims with the promise that they will be sent abroad for work and ultimately, it came to light that the accused persons are regularly involved in these activities wherein, the persons who are sent abroad are subjected to cyber crimes. In view of the same, whenever persons are boarding to Cambodia for work, the same is scrutinized and most of them are not permitted to go and they are rescued.
4. The learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that A1 was enlarged on bail by the Court below yesterday.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is a lady, who has suffered incarceration from 13.12.2024 and A1 has been granted bail by the Court below, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 No.VI, Tiruchirappalli, and on further conditions that:- [a] 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 shall report before the respondent police daily at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6
Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 10/01/2025 / TRUE COPY / 20/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN TO 1 THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPPALLI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.
3 THE INSPECTOR OF POLICE, CBCID-OCU POLICE STATION, TRICHY CITY.
4 THE OFFICER INCHARGE, WOMEN PRISON, GANDHI MARKET, TIRUCHIRAPALLI.
5/6
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.23090 of 2024 Date :10/01/2025 SS/SAR- /20/01/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6