Bilal Hyder v. State Rep.By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.23053 of 2025 and Crl.M.P.No.16218 of 2025 Bilal Hyder ... Petitioner Vs.
State represented by the Inspector of Police, J8 Neelankarai Police Statiom Chennai.
... Respondent (Cr.No.439 of 2024) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.439 of 2024 on the file of respondent police. For Petitioner : Mr.R.Shanmugasundaram, Senior Advocate.
For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) For Intervenor : Mr.K.Madhan
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 26.07.2025, for the offence punishable under Sections 406 and 420 of IPC, in Crime No.439 of 2024, registered on the file of the respondent, seeks bail.
2. The allegation is that this petitioner and his wife induced the defacto complainant that she will get 14% interest if she invests money in HNFS Trading, which is a share trading Company. Based on which, the defacto complainant issued cheques to the petitioner and his wife for a sum of Rs.47,50,000/- and a sum of Rs.5,00,000/- in cash as such in total a sum of Rs.52,50,000/- was paid. Further, her sister's husband also gave a sum of Rs.13,00,000/-. After depositing the money, she did not had any benefit and had lost all of her money. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner/A2 is an innocent person and that the accused 3 and 4 were already granted bail by the lower Court and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that so far no amount has been recovered. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides including counsel for Intervenor Petitioner and
perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, that there are totally 4 accused in this case in which A1 is absconding and the accused 2 and 3 were already granted bail by the lower Court and considering the period of incarceration undergone by the petitioner, 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 District Munsif Cum Judicial Magistrate, Sholinganallur, Chennai and on further conditions that:
[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 petitioner shall report before the trial Court
everyday at 10.30 a.m., for a period of fifteen days and thereafter, on all hearing dates;
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
8. Consequently, connected miscellanous petition is closed. 17.09.2025 kmm Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All 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.
To
1. The District Munsif Cum Judicial Magistrate, Sholinganallur, Chennai.
2. The Inspector of Police,
J8 Neelankarai Police Statiom Chennai.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor High Court, Madras.
K.RAJASEKAR J.
kmm Crl.O.P.No.23053 of 2025 17.09.2025