Kader Mideen v. The Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 318(4) r/w 3(5) of BNS Act @ 318(4), 316(5), 319(2), 111 r/w 3(5) of BNS Act, Crime No. 1 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 9

¶2The case of the prosecution is that defacto complainant lodged a complaint stating that A1 and A2 induced the defacto complainant to invest money in their business under the false promise of repayment with profit thereby, cheated the defacto complainant to the tune of Rs.4,53,23,658/-. Hence, the case.

¶3The learned Senior counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. It is his contention that petitioner is working as Manager in M/s. Gold A1K Private Limited and he sold gold bar to A1 after obtaining his PAN card and therefore, the transaction was a genuine one. He submits that GST was paid for those transactions. He further submits that a trader cannot verify the source of income of a purchaser. He also submits that on summons, he appeared before the respondent police for enquiry nearly three times and submitted all the documents even then, the respondent police are harassing the petitioner. He also submits that co-accused/A6 in this case had been enlarged on anticipatory bail. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the Petitioner. Page3 of 9

¶4The learned counsel for the intervenor submits that this petitioner/A12 along with other accused persons colluded together and cheated the defacto complainant to the tune of Rs.4,53,23,658/-. He also submits that custodial interrogation of the petitioner is required for the purpose of investigation to recover the cheated money. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5The learned Government Advocate (Puducherry) appearing for the Respondent Police reiterated the prosecution case and submits that total cheated amount is Rs.4.53 crores and a substantial portion of cheated money Rs.82,27,047/- was received by this petitioner. She further submits that during the enquiry of this case, the petitioner/A12 falsely projected himself as owner of M/s. Gold A1K Private Limited and also produced a forged bills but he is only a shareholder and Manager of the firm. She also submits that after receiving the amount, the petitioner neither supplied the gold bars nor refunded the money. She submits that investigation in this case is still pending and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation. She also filed a report of addition of accused A12 to A15 dated 27.07.2026 wherein the role of the present petitioner/A12 in the alleged offence has been stated which is extracted hereunder:- Page4 of 9

¶17It is further submitted that, during the course of further investigation A12 Kader Mideen projected himself as one of the owner of Gold A1K, Kadayanallur and produced certain invoices in support of the alleged transactions; however, on verification, the invoices were found to contain forged/fabricated signatures and attestations. Further, verification with the Registrar of Companies (ROC), Chennai, disclosed that A13 Naina Mohamed, A14 Amanullah and A15 Magdoom are the Directors/Authorised Signatories of Gold AIK Pvt. Ltd.

¶18Investigation further revealed that substantial amounts of the cheated money Rs.82,27,047/- were credited to the bank account of the firm through Al & A4, towards procurement of gold bars.

¶19It is further submitted that, despite receipt of the said amounts, Gold A1K Pvt. Ltd. neither supplied the corresponding gold bars nor refunded the money. The voluntary confession statements of Al Mani @ Manikandan @ Syed Mohamed Buhari and A4 Abdul Kader also disclosed that neither gold bars nor refund was received from Gold A1K Pvt. Ltd. after payment of the consideration.

¶20It is further submitted that the materials collected during investigation disclose the active involvement of A12 Kader Mideen, A13 Naina Mohamed, A14 Amanullah and A15 Magdoom in facilitating the diversion and concealment of the cheated amount through Gold AIK Pvt. Ltd.

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¶21Hence, it is prayed before this Hon'ble Court, the Accused persons A12 Kader Mideen, A13 Naina Mohamed, A14 Amanullah and A15 Magdoom may be added in this case with the interest of justice". She also filed objection report and the relevant portion is extracted hereunder:

¶13The respondent further submits that, by virtue of voluntary confession statements of the accused persons A1 & A4 and bank statements were disclosed that after receiving the amounts, the proprietors of Gold A1K, City Gold Jewellery and Kottursamy neither supplied the gold bars nor refunded the money either to the complainant or to the accused persons. The materials collected during investigation disclosed their active involvement in the commission of the offence.

¶14The respondent further submits that, in view of the above incriminating materials, it became necessary to secure the proprietors of Gold A1KJewelry, City Gold Jewelry and MPK Natchivar Gold Finance for recovery of the cheated money, collection of further evidence, identification of additional beneficiaries, and to ascertain the complete conspiracy.

¶15The respondent further submits that, on

17.07.2026, the accused persons A9 NagoorMeeran and A10 Mohammed Riyas, proprietors of Citti Gold jewellery were arrested after adopting all the arrest formalities they were remanded into judicial custody. Page6 of 9

¶16The respondent further submits that, on 20.07.2026 the accused person A11 Kottursamy proprietor of MPK Natchiyar Gold finance was arrested, after adopting all the arrest formalities he was remanded into judicial custody.

¶17The respondent further submits that, the investigation revealed that a sum of ₹82,27,047/- (Rupees Eighty-Two Lakhs Twenty-Seven Thousand and Forty-Seven only), part of the cheated amount, was transferred to SBI account of Gold A1K Pvt. Ltd Kadayanallur.

¶18The respondent further submitted that, during the preliminary enquiry of this case, the petitioner Kader Mideen represented and impersonated himself as the owner of Gold A1KPvt. Ltd Kadayanallur and participated in the enquiry. Based on the materials collected, he was arrayed as an accused. Subsequently, the persons managing the affairs of the company, and A13 Naina Mohamed, A14 Amanullah and A15 Magdoom were also arrayed as accused in this case.

¶19The respondent further submits that, on verification was conducted with the Registrar of Companies (ROC), Chennai A13 Amanullah, A14 301 Naina Mohamed and A15 Magdoom are the Directors/Authorised Signatories of Gold A1K Pvt. Ltd., the petitioner Kader Mideen is a shareholder of the company and manager of the firm.

¶20The respondent further submitted that, the petitioner Kader Mideen produced certain invoices purportedly issued in favour of the accused persons and others. On verification, the attestation and signatures of accused persons found in the said invoices appeared to be forged and fabricated, which is the subject matter of further investigation. Page7 of 9

¶21The respondent further submits that, production of invoices by the petitioner Kader Mideen in favour of the accused persons, coupled with the transfer of substantial amounts to Gold A1K Pvt. Ltd., prima facie establishes his active association and collusion with the principal accused persons in facilitating the commission of the offence.

¶22The respondent further submits that, the information collected during the course of investigation reveals that the Directors/Partners of Gold A1K Pvt. Ltd. are also facing proceedings before the Income Tax Department.

¶23The respondent further submits that, during the intensive investigation, the custodial interrogation of the petitioner/accused person A12 Kader Mideen is necessary.

¶24The respondent further submits that, if Anticipatory Bail is granted, the custodial interrogation is become incredible, interrogation regards to chain of the cheated amount also become difficult. She also submits that no previous case is pending against this petitioner. However, she strongly opposed to grant anticipatory bail to the petitioner.

¶6I have given my anxious consideration to either side submissions and perused the materials available on record. Page8 of 9

¶7Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, from the submissions made by learned Government Advocate (Puducherry), it is seen that investigation is still pending in this case. In view of the specific averment made against this petitioner/A12 and taking into consideration the gravity and seriousness of the allegation levelled against this petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail.

¶8Accordingly, this criminal original petition stands dismissed. 19-08-2026 (1/2) Index: Yes/No Speaking/Non-speaking order NR To:

¶1The Chief Judicial Magistrate, Puducherry.

¶2The Inspector of Police CBCID, Puducherry.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o19710oofo2026 N.RAMESH,oJ. NR CRLoOPoNo.o19710oofo2026 19-08-2026 (1/2) Page9oofo9

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Kader Mideen ..Petitioner(s) Vs The Inspector of Police CBCID, Puducherry, In Crime No. 1/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in the event of his arrest in Crime No.1 of 2026 on the file of the Inspector of Police, CBCID, Puducherry and thus render justice. For Petitioner(s): Mr.V.Karthick, Senior Counsel for Mr.T. Shunmugarajeswaran For Respondent(s): MS.G.Djearany Om Prakash, Govt.Advocate (Puducherry) Mr.R.Vinoth Ravi for Intervenor