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2026 DAILYLAW 52429 (MAD)

Hariharan v. State rep by its, Inspector of Police

CRL OP/19199/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19199 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19199 of 2026 Hariharan ... Petitioner Vs. The State Represented by, The Inspector of Police, Thimmampettai Police Station, Tirupathur District. (Crime No.219 of 2024) ... 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.219 of 2024 on the file of respondent Police. For Petitioner : Mr.M.P.Jayaprakash 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 406, 420, 465, 467, 468, 470 and 471 of IPC, in Crime No.219 of 2024, on the file of the respondent Police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19199 of 2026 2. The case of the prosecution is that the petitioner, along with other accused, under the guise of getting jobs in New Zealand, had received an amount from 47 persons to the tune of Rs.2.71 crores and cheated them. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution, and that he has been falsely implicated in this case. He further submitted that the co-accused was enlarged on bail by this Court in Crl.O.P.No.27178 of 2024, dated 08.11.2024. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the petitioner, along with the co-accused, has cheated a sum of Rs.2.71 crores and this petitioner also actively participated. 5. Taking into consideration of the totality of the circumstances, including the fact that the FIR came to be registered in the year 2024 and the respondent police have not taken any steps to arrest the petitioner, and that 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19199 of 2026 the co-accused has already been enlarged on bail, 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: 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 - Vaniyambadi, 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; (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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19199 of 2026 (c) The petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; (d) 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]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19199 of 2026 To 1.The Judicial Magistrate – Vaniyambadi. 2.The Inspector of Police, Thimmampettai Police Station, Tirupathur District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19199 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.19199 of 2026 20.07.2026 6/6 https://www.mhc.tn.gov.in/judis