S Jawahar Farook v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL MP No. 7378 of 2026 S Jawahar Farook ..Petitioner Vs The State Rep.by, The Inspector of Police, N1 - Royapuram Police Station, Chennai.
..Respondent(s) Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the Petitioner on Anticipatory Bail in the event of his arrest in Crime No. 822 of 2024 on the file of the Respondent Police pending investigation. For Petitioner:
Mr.F Wellington For Respondent:
Mr.P.Dhileepan Govt.Advocate (Crl Side) For Intervenor:
Mr.J.Balaji
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 406 and 420 of IPC in Crime No.822 of 2024 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has received Rs.18.5 lakhs from the de facto complainant and not executed the sale deed in their favour. Hence, this complaint.
3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that he received Rs.18.5 lakhs from the de facto complainant and has not executed the sale deed. Except this allegation, there are no serious allegation against him. However, he opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case and considering the registration of FIR dated 01.11.2024 and upon the fact that the allegation
against the petitioner is in respect of sale agreement, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain conditions.
7. 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 XVI M.M, George Town, 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 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, 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 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.
21-04-2026 SHL To:
1. The XVI M.M, George Town, Chennai.
2. The Inspector of Police, N1 - Royapuram Police Station, Chennai.
3. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL and CRL MP No. 7378 of 2026 21-04-2026