High Court · 2025

Crl.O.P. No.16069 of 2025K.GOVINDARAJAN THILAKAVADI, J. This matter is posted today under the caption 'For Being Mentioned' at the instance of Mr.Arif Nawaz, learned counsel appearing for the petitioner. 2. Mr. R.C. Paul Kanagaraj, assisted by Mr. Arif Nawaz, the learned counsel for the petitioner, submitted that on 28.05.2025, this Court had ordered the petitioner to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate Court No.I, Poonamallee, whereas, a typographical error has been crept in the order by mentioning the said amount as Rs.50,00,000/- (Rupees Fifty Lakhs). Hence, he prayed this Court to correct the said error.3. Mr. S. Udayakumar, the learned Government Advocate appearing for the respondent did not raise any objection in making the abovesaid correction. It is also brought to the notice of this Court by the learned Government Advocate that, in paragraph No.7 of the said order the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- and the same is printed as "ten thousand" in words. 4. Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent, Registry is directed to issue order copy afresh forthwith, by correcting paragraph No.7 and 7(b) of the order dated 28.05.2025 as follows: https://www.mhc.tn.gov.in/judis "7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee and on further conditions that:-...[b] The petitioner is directed to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate No.I, Poonamallee." 02.06.2025 Issue order copy by 02.06.2025.Upload order copy forthwithbga https://www.mhc.tn.gov.in/judis K.GOVINDARAJAN THILAKAVADI, J.bgaCrl.O.P. No.16069 of 202502.06.2025 https://www.mhc.tn.gov.in/judis IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :28.05.2025CORAM THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADICRL OP No. 16069 of 2025Shafeeq Ahamed. ... PetitionerVsState rep.byThe Inspector of Police, Central Crime Branch EDF-1Avadi Police StationChennai(Crime No.4 of 2022)... RespondentPRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.4 of 2022 on the file of the respondent Police.For Petitioner(s): Mr. R.C.Paul Kanagaraj for M/s.Arif NawazFor Respondent(s): Mr.L.Baskaran, Govt.Advocate (Crl.Side)O R D E RThe petitioner, who was arrested and remanded to judicial custody on 21.04.2025 for the alleged offence punishable under Sections 465, 406, 408, 403, 420, 506(i) and 120(B) of IPC, in Crime No.4 of 2022, on the file of the https://www.mhc.tn.gov.in/judis respondent police, seeks bail.2. The case of the prosecution is that the de-facto complainant has been doing business in man power agency and one Krishnakumar (A1) along with his wife Vijayalakshmi (A2) had approached him and said that they will file GST and Tax filing; after trusting them, the de-facto complainant hadned over his company's GST & Tax filing to them; from 2019, they handled accounts, wherein taking advantage of his absence and signatures in blank papers and GST forms, they have swindled huge amount payable to GST into their accounts and failed to pay GST; further, they introduced accused 3, 4, 5 and 6 stating that they would help in reducing GST payment legally; accordingly, these accused have misappropriated more than Rs.9 crores by crating fake GST bills and transferring funds to the accounts of the fake companies and thereby created loss to the de-faco complainant's company and have put him into trouble with GST department, wherein an enquiry is being held against the company of the de-facto complainant by the GST department for GST evasion. Hence the complaint.3. Learned counsel appearing for the petitioner submitted that the petitioner is not named in the FIR and has never met the de-facto complainant, whereas A1-Krishnakumar had met the petitioner and he was dealing with the https://www.mhc.tn.gov.in/judis GST filing of the petitioner's company and the petitioner was called by the GST officials for enquiry and has stated the same before the officials. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was arrested and he is in judicial custody from 21.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 21.04.2025.5. Heard both sides and perused the materials available on record including FIR.6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also taking into account the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee 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 is directed to deposit a sum of Rs.50,00,000/- (Rupees Fifty lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate No.I, Poonamallee. [c] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders;[d] the petitioner shall not abscond either during investigation or trial;[e] the petitioner shall not tamper with evidence or witness 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 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 https://www.mhc.tn.gov.in/judis [(2005)AIR SCW 51340];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 28.05.2025umaNote:-1.Registry is directed to forthwith upload this order in the official website of this Court.2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.To1.The Judicial Magistrate No.I, Poonamallee.2. The The Inspector of Police, Central Crime Branch EDF-1 Avadi Police station, Chennai.3.The Superintendent, Central Prison-II, Puzhal, Chennai.4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis K.GOVINDARAJAN THILAKAVADI, J. umaCrl.O.P.No.16069 of 202528.05.2025

Crl.O.P. No.16069 of 2025K.GOVINDARAJAN THILAKAVADI, J. This matter is posted today under the caption 'For Being Mentioned' at the instance of Mr.Arif Nawaz, learned counsel appearing for the petitioner. 2. Mr. R.C. Paul Kanagaraj, assisted by Mr. Arif Nawaz, the learned counsel for the petitioner, submitted that on 28.05.2025, this Court had ordered the petitioner to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate Court No.I, Poonamallee, whereas, a typographical error has been crept in the order by mentioning the said amount as Rs.50,00,000/- (Rupees Fifty Lakhs). Hence, he prayed this Court to correct the said error.3. Mr. S. Udayakumar, the learned Government Advocate appearing for the respondent did not raise any objection in making the abovesaid correction. It is also brought to the notice of this Court by the learned Government Advocate that, in paragraph No.7 of the said order the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- and the same is printed as "ten thousand" in words. 4. Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent, Registry is directed to issue order copy afresh forthwith, by correcting paragraph No.7 and 7(b) of the order dated 28.05.2025 as follows: https://www.mhc.tn.gov.in/judis "7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee and on further conditions that:-...[b] The petitioner is directed to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate No.I, Poonamallee." 02.06.2025 Issue order copy by 02.06.2025.Upload order copy forthwithbga https://www.mhc.tn.gov.in/judis K.GOVINDARAJAN THILAKAVADI, J.bgaCrl.O.P. No.16069 of 202502.06.2025 https://www.mhc.tn.gov.in/judis IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :28.05.2025CORAM THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADICRL OP No. 16069 of 2025Shafeeq Ahamed. ... PetitionerVsState rep.byThe Inspector of Police, Central Crime Branch EDF-1Avadi Police StationChennai(Crime No.4 of 2022)... RespondentPRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.4 of 2022 on the file of the respondent Police.For Petitioner(s): Mr. R.C.Paul Kanagaraj for M/s.Arif NawazFor Respondent(s): Mr.L.Baskaran, Govt.Advocate (Crl.Side)O R D E RThe petitioner, who was arrested and remanded to judicial custody on 21.04.2025 for the alleged offence punishable under Sections 465, 406, 408, 403, 420, 506(i) and 120(B) of IPC, in Crime No.4 of 2022, on the file of the https://www.mhc.tn.gov.in/judis respondent police, seeks bail.2. The case of the prosecution is that the de-facto complainant has been doing business in man power agency and one Krishnakumar (A1) along with his wife Vijayalakshmi (A2) had approached him and said that they will file GST and Tax filing; after trusting them, the de-facto complainant hadned over his company's GST & Tax filing to them; from 2019, they handled accounts, wherein taking advantage of his absence and signatures in blank papers and GST forms, they have swindled huge amount payable to GST into their accounts and failed to pay GST; further, they introduced accused 3, 4, 5 and 6 stating that they would help in reducing GST payment legally; accordingly, these accused have misappropriated more than Rs.9 crores by crating fake GST bills and transferring funds to the accounts of the fake companies and thereby created loss to the de-faco complainant's company and have put him into trouble with GST department, wherein an enquiry is being held against the company of the de-facto complainant by the GST department for GST evasion. Hence the complaint.3. Learned counsel appearing for the petitioner submitted that the petitioner is not named in the FIR and has never met the de-facto complainant, whereas A1-Krishnakumar had met the petitioner and he was dealing with the https://www.mhc.tn.gov.in/judis GST filing of the petitioner's company and the petitioner was called by the GST officials for enquiry and has stated the same before the officials. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was arrested and he is in judicial custody from 21.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 21.04.2025.5. Heard both sides and perused the materials available on record including FIR.6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also taking into account the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee 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 is directed to deposit a sum of Rs.50,00,000/- (Rupees Fifty lakhs only) to the credit of Crime No.4 of 2022, before the Judicial Magistrate No.I, Poonamallee. [c] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders;[d] the petitioner shall not abscond either during investigation or trial;[e] the petitioner shall not tamper with evidence or witness 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 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 https://www.mhc.tn.gov.in/judis [(2005)AIR SCW 51340];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 28.05.2025umaNote:-1.Registry is directed to forthwith upload this order in the official website of this Court.2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.To1.The Judicial Magistrate No.I, Poonamallee.2. The The Inspector of Police, Central Crime Branch EDF-1 Avadi Police station, Chennai.3.The Superintendent, Central Prison-II, Puzhal, Chennai.4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis K.GOVINDARAJAN THILAKAVADI, J. umaCrl.O.P.No.16069 of 202528.05.2025