Crl.O.P(MD).No.11973 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 21.07.2025 Pronounced on : 06.08.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Crl.O.P(MD).No.11973 of 2025 1.R.Prabakaran S/o.Ramalingam 2.L.Arulanand Louis S/o.Loius ...Petitioners/Accused Nos.4 & 5 Vs. The State of Tamil Nadu rep. by The Inspector of Police, Kallimandhayam Police Station, Dindigul District. (Crime No.102 of 2025) ...Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest in connection with FIR in Crime No.102 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.S.Vidhya Sagar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side) ORDER The petitioners seek anticipatory bail on apprehension of arrest by the respondent police for the alleged offences U/s.3(2)(c) and 14 of the Foreigners Act, 1946 in connection with the case in Crime No.102 of 2025 of respondent police. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.11973 of 2025 2. The brief case of the prosecution is that on 02.06.2025 when the respondent police officials conducted usual check up around the Vaagarai region regarding illegal migrants, Accused Nos.1 and 2, illegal migrants from Bangladesh without any passport & visa have been found working at Classic Apparel Fashion Mills, Vaagarai under the supervision of the petitioners who are HR Manager and Manager of that company. 3. The learned counsel for the petitioners has mainly submitted that the petitioners are the HR Manager and the Manager of the Classic Apparel Fashion Mills. In the said company, the recruitment of labourers was entrusted to the company's contractor. The contractor assigned the alleged foreigners into their company, and the wages are being paid only by the contractors, the petitioners have no role to verify the identity of the alleged workers. The petitioners learnt that they have been arrayed as accused on the basis of the confession of one co-accused. There is no specific overtact against the petitioners for the alleged offences. Therefore, the petitioners may be granted anticipatory bail. 4. The learned Government Advocate (Criminal Side) appearing for the respondent strongly objected the petition. The petitioners are the HR Manager and the Manager of the company and they have fully known about the identity of the other coaccused in this case, who are illegal migrants from Bangaladesh and the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.11973 of 2025 petitioners employed them for their contractual work for paying lesser wages. On earlier occasions, such illegal migrants were arrested from the same company, even then, the petitioners are not vigilant. So the petitioners are shown as Accused No.4 and Accused No.5 in this case. The investigation is pending at the preliminary stage. If they are granted anticipatory they will tamper with the evidence. 5. Heard and perused the available records. It is seen from the records that the petitioners are the HR Manager and the Manager of the Classic Apparel Fashion Mills, in which it is alleged that Accused No.1 and Accused No.2, who are illegal migrants from Bangladesh were working in the company. It is the stand of the petitioners that the alleged workers were assigned by their company contractor and the petitioners have no role to verify their identify. The respondent police has not stated any specific overtact against the petitioners, the alleged sections apply to foreigners who entered into India without passport and visa. The presence of knowledge of petitioners about the coaccused as illegal migrants could be decided only after trial, upon final report filed by the respondent on completion of the investigation. There is no previous case of this nature of offence or otherwise reported against the petitioners. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with conditions. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.11973 of 2025 6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Oddanchatram, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Oddanchatram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judicial Magistrate concerned may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (b) The petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Oddanchatram. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate, Oddanchatram; (c) On release, the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. until further orders; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.11973 of 2025 (d)The petitioners shall not abscond either during investigation or trial and they shall cooperate for the investigation; (e) The petitioners shall not tamper with evidence or witness either during investigation or trial; (f) On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and and if there is any violation of condition, the Investigation Officer is within his discretion to approach the Court of the learned Judicial Magistrate, concerned for cancellation of bail as per the ruling of the Hon'ble Supreme Court reported in P.K.Shaji/Vs/State of Kerala, (2005) AIR S.C.W.5560 and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 06/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.11973 of 2025 VSD To 1.The Judicial Magistrate, Oddanchatram. 2.The Inspector of Police, Kallimandhayam Police Station, Dindigul District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-8513[I] dated 07/08/2025 ) ORDER IN CRL OP(MD) No.11973 of 2025 Date :06/08/2025 SBN/09.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis