Crl.O.P.No.19560 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2025 CORAM THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19560 of 2025 Mohammad Sufiyan Shaikh ... Petitioner Vs. The State represented by, The Inspector of Police, Cyber Crime Police Station Coimbatore City, Coimbatore District. (Crime No.62 of 2025) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest in connection with Crime No.62 of 2025 on the file of respondent Police. For Petitioner : Mr.R.C.Paul Kanagaraj for Mr.W.Camyles Gandhi For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent Police for the offences under Sections 419, 420, 465, 468, 471 of IPC and 66D of 1/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 Information Technology Act, in Crime No.62 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that petitioner along with other accused on the pretext of obtaining a job had cheated the defacto complainant and others to the tune of Rs.64,91,113/- and had also given fake appointment order. Hence, the complaint. 3. The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is running two international companies Sunstellar Limited and Sunstellar LLC with bonafide intention, wherein the petitioner had entered into an agreement with concern viz., Arfa Immigration Private Limited pertaining to work permits and visa. The persons responsible for the said concern, one Mukesh, Ravi Parmar and Hitesh Kumar Goyal tendered their promise in processing the documents with embassy. Hence, the petitioner obtained the documents from the defacto complainant and as well as remitted the amount given by defacto complainant to said persons, who were neither processed documents nor repaid money. Therefore, the petitioner had lodged a complaint before the Khambat City Police Station, Anand District, Gujarat. But the respondent police without proper investigation implicated the petitioner as 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 Accused. Hence, he prayed to grant anticipatory bail to the petitioner. 4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioner. He further submitted that the defacto complainant is running a sole proprietorship concern under the name “Bimars Education”, duly registered under MSME Act. The petitioner A1 is the Director of two duly registered international companies, namely Sunsteller Limited and Sunstellar LLC. The defacto complainant contact with A1 through one Marshal. The defacto complainant entered into an agreement with A1 seeking employment and education opportunities abroad. It was agreed that A1 would receive a commission for the services rendered. Relying on the assurance provided by A1 and A2, the defacto complainant paid a total sum of Rs.64,91,113/- and that the accused persons fraudulently, misappropriated the said amount and cheated the defacto complainant. He further submitted that the investigation was completed. 5. Heard both sides and perused the materials available on record. 6. Considering the submission made by the learned counsel appearing on both sides and the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Coimbatore, on condition that 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the Trial Court on all hearing dates without fail. [d] the petitioner shall not abscond either during investigation or trial and they shall make themselves available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall 4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 not tamper with evidence or witness either during investigation or trial; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.08.2025 drl 5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 To 1. The Judicial Magistrate No.IV, Coimbatore. 2. The Inspector of Police, Cyber Crime Police Station Coimbatore City, Coimbatore District. 3. The Public Prosecutor, High Court of Madras. 6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19560 of 2025 M.NIRMAL KUMAR, J. drl Crl.O.P.No.19560 of 2025 06.08.2025 7/7 https://www.mhc.tn.gov.in/judis