Crl.O.P.No.17486 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17486 of 2026 Mohammed Ghouse ... Petitioner Vs. The State Represented by, The Inspector of Police (Crime), S-1, St.Thomas Mount Police Station, Alandur, Chennai – 600 016. (Crime No.179 of 2026) ... 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 his arrest in connection with Crime No.179 of 2026 on the file of respondent Police. For Petitioner : Mr.H.Thameen Ansari For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS in Crime No.179 of 2026 on the file of the respondent police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17486 of 2026 2. The case of the prosecution is that the petitioner, being the staff of the second accused, had cheated the de facto complainant by promising to send him on a Hajj Pilgrimage. 3. The learned counsel for the petitioner submitted that the de facto complainant approached the first accused (A1) for the Hajj pilgrimage, and that A1, being an employee, sought assistance from the second accused (A2). He further submitted that the petitioner is merely an employee of A2 and only goes for Hajj as a guide to the pilgrims. To show his bona fides, the petitioner voluntarily undertakes to pay a sum of Rs.3 lakhs to the de facto complainant. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the petitioner is running a travel agency service and is its proprietor. He further submitted that even in the FIR, there is a reference that the petitioner is the proprietor, and according to the narration in the FIR, a sum of Rs.15 lakhs was cheated by three accused persons. He also submitted that while A2 has already been remanded to judicial custody, the petitioner (A1) is yet to be secured and that the petitioner is arrayed as A3 in this case. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17486 of 2026 5. Taking into consideration the totality of the circumstances, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.3,00,000/- as a non-refundable deposit to the credit of Crime No.179 of 2026, without prejudice to his defence. 6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17486 of 2026 (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 identify proofs to ensure their identity; (c) The petitioner shall make a non-refundable deposit of Rs.3,00,000/- (Rupees Three Lakh only) to the credit of Crime No.179 of 2026. On such deposit, the de facto complainant is entitled to receive the same by filing an appropriate application. If the amount is not deposited within a period of four weeks from today, the anticipatory bail granted by this Court shall stand automatically cancelled without any further reference to this Court; (d) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17486 of 2026 (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 08.07.2026 cda To 1.The Judicial Magistrate No.I, Alandur. 2.The Inspector of Police (Crime), S-1, St.Thomas Mount Police Station, Alandur, Chennai – 600 016. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17486 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.17486 of 2026 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis