Citation : 2026 Latest Caselaw 2776 Mad
Judgement Date : 22 May, 2026
CRL OP No. 13524 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13524 of 2026
Gerold George
Door No.01,
Harris Tower,
Puliyur Main Road,
Plot No.3D, Kodambakkam,
Chennai- 600 024
..Petitioner(s)/Sole
Accused
Vs
State rep by the Inspector of Police
R-8 Vadapalani Police Station,
Vadapalani,
Chennai District
Cr.No.92 of 2026
..Respondent(s)/
Complainant
Prayer:Criminal Original Petition filed under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of
his arrest in Crime No.92 of 2026 on the file of the respondent and thus render
justice.
For Petitioner(s): Mr.Vignesh U
Mr.N.Pratcik, Intervenor
For Respondent(s): Mr.R.Ganesh Kumar
Counsel for Government of Tamil Nadu
(Criminal Side)
Assisted by
Mr.Mohammed Imran.A
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https://www.mhc.tn.gov.in/judis
CRL OP No. 13524 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an
order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent Police
for the offences punishable under Sections 318(4), 316(2) of Bharatiya Nyaya
Sanhita, 2023 in Crime No.92 of 2026 on the file of the respondent police.
3. The case of the prosecution is that the petitioner is running a power
agency cum consultancy. The petitioner under the guise of securing job to the
de-facto complainant at Canada, had received a sum of Rs.4,69,000/-.
However, the petitioner neither secured a job nor returned the money to the de-
facto complainant. Hence the case.
4. The learned counsel for the petitioner submits that the Visa of the de-
facto complainant was rejected and the process with regard to refund of money
is under progress and therefore, he sought time for two to three months. In view
of the same, he prays for grant of pre-arrest bail to the petitioner.
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5. Heard both sides and perused the materials available on record.
6. In view of the facts and circumstances of the case and also considering
the submissions of the learned counsel for the petitioner, this Court is inclined
to grant an order of pre-arrest bail to the petitioner subject to the following
conditions:
(i) The petitioner shall deposit a sum of Rs.2 Lakhs (Rupees Two Lakhs
Only) in Cr.No.92 of 2026 on the file of the respondent police. In turn, the
learned XVII Metropolitan Magistrate, Saidapet, Chennai shall deposit the
said amount in a 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.92 of 2026.
(ii)The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned XVII Metropolitan Magistrate,
Saidapet, Chennai, within a period of 30 days from today, on executing a bond
for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties
each for a like sum of Rs.10,000/- to the satisfaction of the XVII Metropolitan
Magistrate, Saidapet, Chennai,
(iii) The petitioner shall appear and sign before the respondent
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Police, weekly once on Monday until further orders;
(iv) The sureties shall affix their photographs and left thumb impression
in the Application for Suretyship [Judicial Form No.46 annexed to 'The
Criminal Rules of Practice, 2019]. The learned XVII Metropolitan
Magistrate, Saidapet, Chennai shall obtain a copy of any one of their identity
proofs to ensure their identity;
(v) The petitioner shall make himself available for interrogation by police
as and when required;
(vi) The petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer;
(vii) The petitioner shall not, directly or indirectly, cause any threat to the
defacto complainant and witnesses and shall not tamper the evidence;
(viii) The petitioner shall not leave India without the prior permission of
the trial Court; and
(ix) On breach of any of the aforementioned conditions, the XVII __________ Page4 of 7 https://www.mhc.tn.gov.in/judis
Metropolitan Magistrate, Saidapet, Chennai is entitled to pass appropriate
orders against the petitioner in accordance with law as if the aforementioned
conditions are imposed by them as laid down by the Hon'ble Supreme Court in
P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
DP/SSD
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 official website of this Court will be watermarked and will also have a QR code.
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To
1.The XVII Metropolitan Magistrate, Saidapet, Chennai.
2.The Inspector of Police R-8 Vadapalani Police Station, Vadapalani, Chennai District
3.The Public Prosecutor, Madras High Court.
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R.SAKTHIVEL, J.
DP/SSD
22-05-2026
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