Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 188

SUPREME COURT OF INDIA
M.M. Sundresh, Rajesh Bindal, JJ.
A. Mohamed Yusuf Ansari - Appellant
Versus
The State Represented By The Inspector Of Police - Respondent
Criminal Appeal No.352 Of 2025 (@ Slp(Crl.) No. 10817/2023) With Criminal Appeal No.353 Of 2025 (@ Slp(Crl.) No.1169 Of 2025) (@ Diary No(S). 36032/2023), Criminal Appeal No.354 Of 2025 (@ Slp(Crl) No. 10883/2023)
Decided On : 21-01-2025

Advocates:
Advocate Appeared:
For the Petitioner: Mr. S Nagamuthu, Sr. Adv., Mr. Y. Arunagiri, Adv., Mr. S Ashok Kumar, Adv., Mr. P. Soma Sundaram, AOR, Mr. Raghunatha Sethupathy B, AOR, Ms. Pariksha, Adv., Mr. S. Sabari Bala Pandian, Adv., Mr. Shreehare J, Adv., Mr. A Velan , AOR
For the Respondent: Mr. P.S. Patwalia, Sr. Adv., Mr. Jayant Muthalraj, Sr. Adv., Mr. A Velan, AOR, Mr. Siddhartha Iyer, Adv., Ms. Navpreet Kaur, Adv., Mr. Nilay Rai, Adv., Mr. Prince Singh, Adv., Ms. Deveshi Chand, Adv., Mr. Amit Anand Tiwari, Sr. A.A.G., Mr. Sabarish Subramanian, AOR, Ms. Devyani Gupta, Adv., Mr. Vishnu Unnikrishnan, Adv., Ms. Saushria Havelia, Adv., Mr. Danish Saifi, Adv., Mr. K N Basha, Sr. Adv., Mr. Y Arunagiri, Adv., Mr. S Ashok Kumar, Adv., Mr. P. Soma Sundaram, AOR

Anticipatory bail granted when custodial interrogation is not required, considering the payment made and the relationship between parties.

Headnote:(A) Indian Penal Code, 1860 - Sections 406, 420, 120-B and 506(1) - Anticipatory bail - Appeals filed by the father-in-law and General Manager of the Company seeking anticipatory bail for offences punishable under IPC sections - A sum of Rs.12.5 crores has been paid, but the remaining amount is not paid - Custodial interrogation not required due to the ousting relationship between the parties - Anticipatory bail granted subject to cooperation with the investigation. (Paras 3, 6, 7, 8, 9)

(B) Cancellation of anticipatory bail - Appeal for cancellation of anticipatory bail dismissed, with observations being prima facie and not affecting the trial. (Paras 10, 11)

ORDER :

1. Permission to file SLP(Crl.) Diary No(s). 36032/2023 is granted.

2. Leave granted.

3. Seeking anticipatory bail for the offences punishable under Sections 406, 420, 120-B and 506(1) of the Indian Penal Code, 1860 (for short, ‘the IPC’), the present appeals have been filed by the appellants in SLP(Crl.) No.10817/2023 and SLP(Crl.) No. 10883/2023, who are the father-in-law of the de-facto complainant and the General Manager of the Company.

4. The SLP(Crl.) Diary No(s).36032/2023 has been filed by the de-facto complainant, challenging the anticipatory bail granted to his mother-in-law.

5. Though arguments have been made at length, what is not in dispute is that a sum of Rs.12.5 crores have already been paid on behalf of the appellant, namely, the father-in-law of the de-facto complainant to him. We have also been informed that the remaining amount has not been paid, which the learned senior counsel appearing for the appellants submits that they are unable to do so.

6. On a perusal of the complaint and taking note of the ousting relationship between the parties, we are of the view that the custodial interrogation of the appellants is not required.

7. In such view of the matter, we are inclined to set aside the impugned order and grant anticipatory bail to the appellants.

8. In such view of the matter, the impugned order stands set aside and the appellants are granted anticipatory bail, subject to the condition that the appellants shall cooperate with the investigation.

9. Accordingly, appeals arising out of SLP(Crl.) Nos.10817/2023 and 10883/2023 are allowed.

10. Insofar as SLP(Crl.) Diary No(s). 36032/2023 seeking for cancellation of anticipatory bail is concerned, taking into consideration the facts and circumstances of the case, we are not inclined to interfere with the impugned order. However, we make it clear that the observations made, being prima facie, in nature, will not have any bearing on the trial.

11. Accordingly, the appeal arising out of SLP(Crl.) Diary No(s). 36032/2023 is dismissed.

12. Pending application(s), if any, shall stand disposed of.

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