S.Kumaragurubaran v. The State Rep.By

ORDER The petitioners apprehend arrest for the alleged offences under Sections 61(2), 318(4) and 305(a) of BNS 2023 in Crime No.347 of 2026 on the file of the respondent police seek anticipatory bail. Page2 of 6

¶2The case of the prosecution is that the accused persons cheated the defacto complainant to the tune of Rs.51,00,000/- under the pretext of investing in a money transfer business to obtain huge profit. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and a false case has been foisted against them and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions.

¶6The allegation against the petitioners is that a sum of Rs. 51 lakhs was transferred to their account for investment purposes. In this regard, this Court vide order dated 29.07.2026, directed the petitioners to produce the statement of account with respect to the investment of the alleged amount cheated by the petitioners. Consequently, the petitioners submitted a statement of accounts, Page3 of 6 which was also shared with the learned counsel appearing for the intervenor. Upon perusal of the statement, the learned counsel for the intervenor submitted that although certain amount had been refunded, leaving the remaining amount yet to be repaid. The aforementioned facts clearly demonstrate the existence of a money transaction between the petitioners and the de facto complainant. In such view of the above circumstances, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Udumalpet, Tiruppur 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 petitioners fail 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; Page4 of 6

(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation;

(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 petitioners are 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 06-08-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate No.I, Udumalpet.

¶2The Inspector of Police, Udumalpet police station, Tiruppur district.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o15911oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o15911oofo2026 06-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. S.Kumaragurubaran 2. K.Rahul Baveth ..Petitioners Vs The state represented by The Inspector of Police, Udumalpet police station, Tiruppur District. Cr.No.347/2026. ..Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of arrest in Cr.no.347/2026 on the file of the respondent police subject to such conditions that may be imposed by this Honble court. For Petitioner(s): Mr. Sujith G For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)