Mohamed Razeem v. State Through the Inspector of Police Crime Branch

ORDER The petitioner apprehends arrest for the alleged offence under Sections 316(2), 318(2), 296(b), 351(2) of BNS, 2023 in Crime No.148/2026 on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that the petitioners induced the defacto complainant to invest money in their organisation for good profit. When the defacto complainant asked to refund the money, the petitioners threatened him with dire consequences. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He submits that there was a money transaction between the petitioners and the defacto complainant. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that 1st petitioner induced the defacto complainant to invest money to the tune of Rs.35,09,000/- thereby cheated the defacto complainant. Hence, she opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 6

¶6Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that only on the refusal to repay the said amount, the present complaint came to be registered. According to the petitioners, this is a case of civil in nature which factum was totally objected by learned Government Advocate (Crl.Side) and submitted that the petitioners cheated the defacto complainant through Facebook. Though such allegations are made against this petitioners, from the submissions made by learned counsel for the petitioners, the transaction appears to be money transaction and FIR came to be registered on 13-04-2026. Hence, this Court is of the firm view that at this length of time, the custodial interrogation of the petitioners are 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 Magistrate Court, Ambattur on condition that the petitioners shall execute a separate 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: Page4 of 6

(a) If the petitioners 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 petitioners shall report before the respondent Police, everyday 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-07-2026 NR Page5 of 6 To:

¶1The Magistrate Court, Ambattur

¶2The Inspector of Police Crime Branch. Ambattur Chennai.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o17101oofo2026 C.KUMARAPPAN,oJ. NR CRLoOPoNo.o17101oofo2026 06-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Mohamed Razeem 2. Hisbul Islam ..Petitioners Vs State through The Inspector of Police Crime Branch, Ambattur Chennai. Crime No.148/2026 ..Respondents 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 or surrender in Crime No.148/2026 dated 13.04.2026 on the file of the Respondents/The Inspector of Police Ambattur. For Petitioners: Ms.Asha K For Respondent: Ms.R.S.Indira Govt Advocate (Crl.Side)