Citation : 2026 Latest Caselaw 1798 Mad
Judgement Date : 10 April, 2026
CRL OP(MD). No.7208 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7208 of 2026
N.Arasakumar @ Rajkumar ... Petitioner/Accused No.5
Vs
The State of Tamilnadu Re By,
The Inspector of Police,
Thiruverambur Police Station,
Trichy.
(Crime No.28/2026). ... Respondent/Complainant
PRAYER :-
For Bail in Crime No.28 of 2026 on the file of the respondent
Police.
For Petitioner : M/s.Vidhya
Advocate.
For Respondent : Mr.P.Kottaichamy,
Government Advocate (Crl.Side)
ORDER :
The Court made the following order :-
The petitioner / Accused, who was arrested and remanded to
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judicial custody on 30.01.2026 for the offences punishable under
Sections 179 and 180 of BNS, 2023, in Crime No.28 of 2026 on the file
of the respondent police, seeks bail.
2. The case of the prosecution is that on 21.01.2026 at about 04.00
a.m, the respondent police received a secret information and on receipt of
the same, they went to the place of occurrence and intercepted the
vehicle bearing Reg.No.MH-442-2383 and on searching, they found 200
numbers of counterfeit currency notes along with A1 & A2. Hence, the
respondent police registered a case against the accused for the aforesaid
offences and based on the confession of A1 & A2, the petitioner was
arrested. Hence, this petition.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and he was falsely implicated in this case
and he has not committed any offence as alleged by the prosecution. He
would further submit that the accused was not present in the scene of
occurrence and only based on the confession made by the co-accused, he
was implicated in this case and the co-accused was already released on
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bail and he has been arrested and remanded to judicial custody on
30.01.2026. Therefore, prayed to grant bail for the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent would submit that the accused were found in possession of
counterfeit currency notes and hence, he strongly opposed to grant bail to
the petitioner. However, he fairly conceded that the co-accused was
released on bail and no previous case is pending against him.
5. This Court heard both sides and perused the materials available
on record.
6. Considering the rival submissions made by the learned counsel
on either side, nature of offence, and the petitioner's name was not found
in the FIR ad only based on the confession made by the co-accused, the
petitioner was implicated in this case and already the co-accused was
released on bail and no previous case is pending against him and he is in
judicial custody from 30.01.2026 onwards, this Court is inclined to grant
bail to the petitioner subject to the following conditions:
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[a] Accordingly, the petitioner is ordered to be released
on bail on condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
each for a like sum to the satisfaction of the learned Judicial
Magistrate No.VI, Trichy, and on further conditions that:
[b] the petitioner shall report before the respondent
police daily at 10.30 a.m., until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which he/she is accused, or suspected, or of the
commission of which he/she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] 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 her from disclosing
such facts to the Court or to any police officer or tamper with
the evidence;
[f] On breach of any of the aforesaid conditions, the
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learned Judicial Magistrate/Trial Court is entitled to take
appropriate action against the petitioner in accordance with
law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 BNS.
(P D B J) 10.04.2026 dss
https://www.mhc.tn.gov.in/judis
P. DHANABAL,J
DSS
To
1.The Judicial Magistrate No.VI, Trichy,
2.The Inspector of Police, Thiruverambur Police Station, Trichy.
3. The Superintendent, Central Prison, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN
Date : 10/04/2026
https://www.mhc.tn.gov.in/judis
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