Anwar Hussain v. State Of Tamilnadu Rep By Inspector Of Police, Dcb- I,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.2461 of 2026 Anwar Hussain ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch -I, Pudukkottai District.
(Crime No.2 of 2026) ... Respondent/Complainant For Petitioner : Mr.S.Balaji For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.K.G.Arunkumar PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.2 of 2026 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.01.2026 for the offences punishable under Sections 318(2) and 318(4) of BNS, in Crime No.2 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had received a sum of Rs.36,25,000/- from the defacto complainant and thereafter, cheated him. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is one of the victim, a false case has been given. He further submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 22.01.2026. Hence, he seeks bail to the petitioner. 2/7
4. The learned Additional Public Prosecutor submitted that there is one previous case pending against the petitioner and the investigation is still pending. Hence, he opposed for grant of bail to the petitioner.
5. The learned counsel for the Intervenor/defacto complainant has vehemently opposed for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case and also the fact that the petitioner is ready and willing to deposit some amount to the credit of crime number and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, with other conditions:
7. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.II, Pudukkottai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar 3/7
card or bank pass book to ensure their identity. (b )the petitioner is directed to deposit a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.2 of 2026 before the learned Judicial Magistrate No.II, Pudukkottai at the time of producing surety. Further, the petitioner is directed to deposit a sum of Rs.10,00,000/- to the credit of crime No.2 of 2026 before the learned Judicial Magistrate No.II, Pudukkottai, within a period of one months. After receipt of entire amount, the learned Judicial Magistrate No.II, Pudukkottai, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.2 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. 4/7
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(S S Y J) 18.02.2026 msrm 5/7
To
1. The learned Judicial Magistrate No.II, Pudukkottai.
2. The Superintendent, Central Prison, Pudukkottai.
3. The Inspector of Police, District Crime Branch -I, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
msrm
ORDER
IN CRL OP(MD) No.2461 of 2026 Date : 18.02.2026 7/7