The Madras High Court has granted regular bail to Ankur Kumar Jain, a FIITJEE executive accused in a cheating case involving alleged non-refund of caution deposits collected from parents of students enrolled in coaching programmes.
Justice N. Ramesh, in an order dated October 7, 2026, held that the failure of the police to furnish written grounds of arrest violated the constitutional safeguards guaranteed under Article 22(1) of the Constitution of India and the requirements of Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Background of the Case
The case arose from allegations that parents had paid refundable caution deposits of approximately ₹1 lakh each in connection with an integrated coaching programme for JEE and NEET aspirants. The allegations involved 262 parents and an amount of approximately ₹2.62 crore.
The petitioner challenged the legality of his arrest, contending that the police had not supplied the specific grounds of arrest in writing. The arrest memo served upon him merely contained formal particulars and did not explain the specific allegations forming the basis of his arrest. It was also in Tamil, a language he could not understand.
High Court's Observations
The Court emphasised that merely mentioning the crime number and penal provisions in an arrest memo does not amount to communicating the actual grounds of arrest. It further observed that an oral explanation of a document that does not contain the grounds of arrest cannot satisfy the constitutional requirement of written communication.
Relying on the constitutional protection under Article 22(1), along with the Supreme Court's decisions concerning written grounds of arrest, the Court held that the failure to communicate the grounds of arrest in writing rendered the arrest and subsequent remand legally unsustainable.
The Court also rejected the State's argument that the accused could be considered a flight risk because he was a North Indian, observing that a person's place of origin cannot be treated as a ground for presuming that they would abscond.
Directions to Tamil Nadu Police
The High Court expressed concern over the continued use of outdated arrest forms and directed the Director General of Police (Law and Order), Tamil Nadu, to submit a report explaining the lack of compliance with the legal requirements.
The Court further directed that police units be instructed to treat failure to furnish written grounds of arrest in accordance with the law as dereliction of duty, potentially attracting departmental proceedings against the responsible officers.
Final Decision
The High Court allowed the bail petition and directed the release of Ankur Kumar Jain on a bond of ₹50,000 with two sureties for an equivalent amount, subject to conditions relating to cooperation with the investigation, non-interference with witnesses and restrictions on foreign travel.
The Court clarified that its observations were confined to the bail proceedings and did not determine the merits of the underlying cheating allegations.
The decision reinforces the importance of constitutional safeguards during arrest and the obligation of investigating authorities to communicate specific grounds of arrest in writing.