Arun Choudary @ Shahul Hameed v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

27.07.2026 for the alleged offences under Sections 316 (2), 318 (4) of BNS, in Crime No.132 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that one Saranya runs a School namely Shikshaa Kids – E – Pre schol at Mannivakkam, where the petitioner is the correspondent. It is alleged that although the school has no valid legal permission to run for the academic year 2026-2027, the petitioner collected fees from thirty-one victims towards study materials and uniform. Subsequently, the Page2 of 6 petitioner provided neither the study materials nor the uniforms and thereby cheated them. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 27.07.2026. He stated that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, further submitted that the school does not have a license even to run a primary school. He stated that the first accused is the owner of the school and the petitioner is the correspondent. He further stated that, so far, complaints have been received from thirty-four victims and a sum of Rs.11,25,000/- has been collected from the parents of the students. He further submitted that the specific allegation against the petitioner is that a sum of Rs.2,29,000/- was collected into the personal G-Pay account of the petitioner. Hence, he opposed for grant of bail to the petitioner.

5.At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit alleged amount of Rs.2,29,000/- for consideration of this bail application. Page3 of 6

6.Considering the nature of allegations, the fact that the petitioner is ready and willing to deposit a sum of Rs,2,29,000/-, and that the petitioner has been incarcerated since 27.07.2026, this court is of the firm view that his further custody is not necessary for the purpose of further investigation. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chengalpattu, and subject to the following conditions: [a] 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 the identity proofs to ensure their identity; [b] the respondent Police are at liberty to register a further First Information Report upon receipt of subsequent complaints from any other students or parents regarding the non-repayment of money paid to the School.

(c) The petitioner/accused is directed to deposit a sum of Rs.2,29,000/- (Rupees Two Lakhs Twenty-Nine Thousand Only) as a non-refundable deposit to the credit of Cr.No.132 of 2026 within a week from the date of Page4 of 6 release from the prison, failing which the bail granted shall automatically stand vacated; upon such deposit being made, victim's parents are entitled to file an appropriate application along with evidence of the deposit to withdraw the said money from the credit of Cr.No.132 of 2026. [d]the petitioner shall report before the respondent police daily morning at 10.30 a.m until further orders; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [g] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [h] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 19-08-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page5 of 6 To

1.The Judicial Magistrate No.II, Chengalpattu.

2.The Superintendent of Prison, District Prison, Chengalpattu.

3.The Inspector of Police Otteri Police Station,

4.The Public Prosecutor High Court of Madras. CRLoOPoNo.o23200oofo2026 N.RAMESH,oJ. EP CRLoOPoNo.o23200oofo2026 19-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Arun choudary @ Shahul Hameed ..Petitioner(s) Vs The State Rep by The Inspector of Police Otteri Police Station, Crime No.132 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail pending investigation in Crime No.132 of 2026 on the file of the respondent For Petitioner(s): Mr.M.Shahjahan For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Criminal side)