Hayath Basha v. State Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Hayath Basha ..Petitioner Vs State: Inspector of Police, Central Crime Branch-Team-VI, Tambaram.
Cr.No.80/2026.
..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in the above Cr.No.80 of 2026 pending on the file of the respondent herein.
For Petitioner:
Mr.M.Rajavelu For Respondent:
Mr.P.Dhileepan Government Advocate (Crl.Side) For Intervenor:
Ms.R.Megha
ORDER
Apprehending arrest in connection with Crime No.80 of 2026 registered for the offences punishable under Sections 406, 420, 294(b) and 506(ii) of Indian Penal Code, 1860, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that the defacto complainant was induced by the petitioner and his sister to invest in an ICE manufacturing plant project at Rajakamangalthurai by assuring profit and return of double the investment. Based on such inducement, the defacto complainant raised a sum of Rs.1,75,00,000/- through loans from various banks and transferred the amount to the account of the petitioner's sister. It is further alleged that initially certain payments were made towards loan instalments, but subsequently default occurred and when the defacto complainant questioned the same, the petitioner and others allegedly threatened the defacto complainant's wife. Hence, the case was registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the entire transaction was only between the defacto complainant and the petitioner's sister and the petitioner has no role in the alleged business dealings. It is also submitted that the petitioner is an IT professional, a permanent resident and he is ready to cooperate with the investigation and abide by any conditions imposed by this Court. It is further submitted that the petitioner is willing to deposit reasonable amount as may be fixed by this Court. Hence, he prayed for granting anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner, along with his sister, induced the defacto complainant to invest huge money and thereby cheated him. It is further submitted that the petitioner's sister has already been arrested and investigation is in progress. Hence, he opposed to grant anticipatory bail to the petitioner.
5. The learned Counsel appearing for the intervenor submitted that the petitioner has committed serious offence and opposed the anticipatory bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Taking into consideration the facts of the case and also on considering the fact that the petitioner is willing to deposit reasonable amount as may be fixed by this Court, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of Crime No.80 of 2026. On such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial
Magistrate No.1, Alandur, Chennai on condition that the petitioner executes a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] 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.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
30-04-2026 NSL To
1. The Inspector of Police, Central Crime Branch-Team-VI, Tambaram.
2. The Public Prosecutor High Court of Madras.
3. The Judicial Magistrate No.1, Alandur, Chennai.
G.K.ILANTHIRAIYAN, J.
NSL 30-04-2026 1/2