Velu vs The State Rep By The Inspector Of Police
2026 Latest Caselaw 1669 Mad

Citation : 2026 Latest Caselaw 1669 Mad
Judgement Date : 8 April, 2026

[Cites 2, Cited by 0]

Madras High Court

Velu vs The State Rep By The Inspector Of Police on 8 April, 2026

                                                                                 CRL OP No. 8732 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED: 08-04-2026
                                                           CORAM
                                     THE HON'BLE MR.JUSTICE C.KUMARAPPAN
                                                   CRL OP No. 8732 of 2026
                 Velu S/o. Subramanian,
                 10A. Puthu Pettai Norths Street,
                 Palayamkottai,
                 Tirunelveli - 627 002.
                                                                                       ..Petitioner(s)
                                                              Vs
                 The State represented by:

                 The Inspector of Police
                 Cyber Crime Police Station,
                 Ariyalur.
                 (Crime No.16 of 2025)
                                                                                     ..Respondent(s)

                PRAYER: The Criminal Original Petition has been filed under Section 483 of

                B.N.S.S. praying to enlarge the petitioner on bail in connection with the crime

                No.16/2025 on the file of the respondent police.

                                  For Petitioner(s):        M/s.P. Selva Kumar

                                  For Respondent(s):        Mr. S. Vinoth Kumar,
                                                            Government Advocate (Criminal side).

                                                           ORDER

The petitioner, who was arrested and remanded to judicial custody on

04.10.2025 for the alleged offences under Sections 318(4) of B.N.S. read with

Section 66D of Information Technology Act in Crime No.16 of 2025 on the file

of the respondent police, seeks bail.

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2. The case of the prosecution is that under the dishonest inducement of

the accused persons, the defacto complainant invested in stock marketing and

sustained loss. Based on the complaint given by the defacto complainant that

the accused persons cheated him to the tune of Rs.46,90,500/-, this case has

been registered.

3. The learned counsel appearing for the petitioner would submit that

initially the petitioner was arrested on 04.10.2025 and he was enlarged on bail

on 28.10.2025. In the meanwhile, according to the prosecution, the petitioner

has forged medical certificate before the learned Judicial Magistrate, Ariyalur,

thereby, the learned Judicial Magistrate has cancelled the bail vide order dated

27.11.2025, in furtherance thereof, when the petitioner filed a Criminal

Revision petition in Crl R.C. No.2886 of 2025, this Court has confirmed the

cancellation of bail vide order dated 08.01.2026 and in furtherance of which, the

petitioner surrendered before the learned Judicial Magistrate, Ariyalur on

26.02.2025 and he has been under incarceration for the past more than 42 days

and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the

respondent police reiterated the prosecution case and strongly opposed the bail

application stating that as the petitioner has not complied with the condition and

forged the medical certificates, the bail granted to him was cancelled.

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5. I have given anxious consideration to the submissions made by the

learned counsel on either side.

6. Though the learned Government Advocate (Criminal side) has

strongly opposed the bail application upon the conduct of the petitioner, this

Court is of the firm view that since the petitioner is under judicial custody since

26.02.2026, the further incarceration of the petitioner is not required in respect

of any investigation. In such view of the position, this Court is inclined to

enlarge the petitioner on bail, subject to the following stringent conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his

executing a bond for a sum of Rs.25,000/- (Rupees Twenty-five Thousand only)

with two sureties each, for a like sum to the satisfaction of the learned Judicial

Magistrate No.II, Ariyalur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression

in the Application for Surety ship [Judicial Form No.46 annexed to 'The

Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy

of any one of the identity proofs to ensure their identity;

[b] the petitioner shall sign before the respondent police daily at 10.30

a.m. and 5.30 p.m. until further orders and relaxation petition shall be filed

after 15 days;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either

during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned

Magistrate/Trial Court is entitled to pass appropriate orders against the

petitioner in accordance with law as if the aforementioned conditions have been

imposed and the petitioner 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under

Section 269 of B.N.S.

08-04-2026 MJS

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 the official website of this Court will be watermarked and will also have a QR code.