Mohammed Anwar Hussain v. The State Rep.By, the Deputy Superintendent of Police,

ORDER The petitioners, who apprehend arrest for the alleged offence under Sections 336(2), 336(3), 318(4) of BNS and Section 66C, 66D of Information Technology (Amendment) Act 2008 in Crime No.56 of 2025 on the file of the respondent police seek anticipatory bail.

¶2The case of the prosecution is that A1 and A2 have cheated the de facto complainant and received a sum of Rs.1,66,20,970/- for arranging him to pass in European Diploma in Radiology in abroad and thereafter, failed to do so.

¶3The learned counsel for the petitioners submitted that these petitioners are A3 & A4 and they are nothing to do with the prosecution and they have been falsely implicated upon the confession of A1 & A2 in this case. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side), appearing for the respondent police, while opposing the grant of anticipatory bail would submit that though as rightly contended by the learned counsel for the petitioners, all the amount rooted through A1 & A2's account, these petitioners are the master mind and the persons behind the entire activity and they have misused the A1 & A2's account and thereby, they have received huge amount. He would further submit that unless they have secured, it is too difficult to find out the money transaction.

5.At this juncture, the learned counsel for the petitioners would submit that A3 is the Manager in Co-Operative Society and A4 is a police constable in Telengana.

¶6Considering the fact that the petitioners are Government employees and they have got roots in the Society, this Court is of the view that, at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, 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 11th Metropolitan Magistrate, Saidapet, Chennai, 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(s) 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;

(c) The petitioner(s) 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;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

8.This Criminal Original Petition is ordered accordingly.

03.07.2026 KMI To

¶1The learned 11th Metropolitan Magistrate Court, Saidapet, Chennai.

¶2The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, HQRS, Ashok Nagar, Chennai - 600083

¶3The Public Prosecutor, High Court of Madras C.KUMARAPPAN

,J.

KMI

03.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Mohammed Anwar Hussain 2.Bukya Naresh ... Petitioner(s) Vs. State represented by, The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, HQRS, Ashok Nagar, Chennai - 600083 Crime No.56 of 2025 ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.56 of 2025 on the file of the respondent police. For Petitioner(s) : Mr.A.Sivapandi For Respondent(s) : Mr.N.Palanivel, Government Advocate (Crl.Side) *******