Authority: High Court of Judicature at Madras

Order Date: 28 July 2026

Case Overview

  • Parties: Petitioner Stewart Abel (represented by counsel Mr. C. Arivazhagan) versus the State represented by the Inspector of Police, Pattabiram Police Station, Thiruvallur District (Government Advocate Mr. S. Yogaraja Sekar).
  • Petition: Filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking enlargement on bail in Crime No. 412 of 2025.
  • Allegations: The petitioner, who operated a travel business named JTK Tours and Travels, allegedly received Rs 36,25,000/- from the de‑facto complainant and other victims on 07‑01‑2025 for the purpose of converting the amount into UAE Dirhams (AED). The petitioner is accused of failing to exchange the money in Dubai and not returning the amount to the victims, constituting offences under Sections 316(2) and 318(4) of the BNS.
  • Procedural History: The petitioner was arrested and placed in judicial custody on 05‑06‑2026. The FIR was lodged on 25‑09‑2025, nine months after the alleged occurrence. The Government Advocate opposed bail, citing the risk of money‑laundering and the nine‑month gap, but acknowledged the petitioner has no prior criminal antecedents.
  • Investigative Status: The Court noted that a major portion of the investigation had been completed, rendering further custody unnecessary.

Final Outcome

  • The Court granted bail, directing the petitioner to execute a bond of Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties of equal amount, subject to satisfaction of the learned Judicial Magistrate No. II, Thiruvallur.
  • Condition (a): The petitioner must deposit Rs 25,00,000/- (Rupees Twenty‑Five Lakh only) to the credit of Crime No. 412 of 2025. Upon deposit, the complainant and victims may withdraw the amount proportionately by filing appropriate applications before the jurisdictional Court.
  • Condition (b): Sureties must affix photographs and left thumb impressions on the Application for Suretyship (Judicial Form No. 46) and provide identity proof as required by the Magistrate.
  • Condition (c): The petitioner must report daily before the respondent police at 10:30 a.m. for two weeks and thereafter as directed for interrogation.
  • Condition (d): The petitioner shall not abscond during investigation or trial.
  • Condition (e): The petitioner shall not tamper with evidence or witnesses during investigation or trial.
  • Condition (f): Breach of any condition empowers the learned Magistrate/Trial Court to take appropriate action as per law, following the Supreme Court precedent in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
  • Condition (g): If the petitioner absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
  • The order also directs the Registry to upload the order on the Court’s official website with watermark and QR code, and instructs relevant authorities (Judicial Magistrate, Sub‑Jail Superintendent, Inspector of Police, Public Prosecutor) to act accordingly.

Topics: Criminal Bail, Fraud, Currency‑Exchange Scam