Mohammed Ibrahimsha v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohammed Ibrahimsha S/o.Mohammed Ali Baban shabu, No.9 -16, WARD 10, Keezh Thakka Street, Kallakurichi Town and District.
..Petitioner(s) Vs State Rep.by, The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
(Crime No.67/2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime.No. 67/2026 pending investigation on the file of the respondent.
For Petitioner(s):
Mr.E.Kannadasan For Respondent(s):
Mr.P.Dhileepan Government Advocate (Crl. side)
ORDER
The petitioner apprehends arrest for the alleged offence under Section 194 BNSS, subsequently altered into 108 BNS in Crime No.67 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that on account of dispute in the chit transactions, the petitioner and others detained the deceased in a separate room, as a result, the deceased committed suicide by hanging. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that investigation is going on, hence, he opposed to grant anticipatory bail to the petitioners.
5. From the submission made by the learned Government Advocate this is a case where the deceased was running a chit company and this petitioner and others were invested and the deceased were not in position to repay the same. According to the prosecution, they have abducted the petitioner and kept in a room and after these petitioners left from the place it appears that the deceased had committed suicide. At this juncture, learned counsel for the petitioner would submit that co-accused A1 and A2 were already enlarged on bail.
6. Considering the above circumstances and also from the fact that the FIR was registered on 07.02.2026 by this time no custodial interrogation and
investigation also been completed. In such view of the decision, this Court is inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, the petitioner is ordered to be released on 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-I, Kallakurichi, 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;
(c) The petitioner shall report before the respondent Police, morning at 10.30 a.m., and evening at 05.30 p.m. for a period of thirty days 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 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.
12-03-2026 Index: Yes/No Speaking/Non-speaking order MTL To 1.The Judicial Magistrate-I, Kallakurichi.
2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi 3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MTL 12-03-2026