Santhosh vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 1991 Mad

Citation : 2026 Latest Caselaw 1991 Mad
Judgement Date : 17 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Santhosh vs State Of Tamilnadu Rep By Inspector Of ... on 17 April, 2026

                                                                     CRL OP(MD). No.6965 of 2026



                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           ( Criminal Jurisdiction )

                                              Date    : 17.04.2026

                                                      PRESENT

                                   THE HONOURABLE MR. JUSTICE P. DHANABAL

                                          CRL OP(MD). No.6965 of 2026


                     Santhosh
                                                     ...Petitioner/Accused No.1
                                                         Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     District Crime Branch,(DCB) Police station,
                     Nagercoil,
                     Kanyakumari District.
                     (Crime No.4 of 2026)
                                           ...Respondent/Complainant

                                  For Petitioner : Mr.T.Arul
                                  For Respondent : Mr.B.Nambi Selvan
                                                  Additional Public Prosecutor

                          PETITION FOR BAIL Under Sec.483 of BNSS
                     PRAYER :-    For Bail in Cr.No. 4 of 2026 on the
                     file of the respondent police.

                     ORDER :

The Court made the following order :-

The petitioner / Accused No.1, who was

arrested and remanded to judicial custody on

https://www.mhc.tn.gov.in/judis

17.02.2026 for the offences punishable under

Sections 61(2) and 318(4) of BNS, 2023 in Crime

No.4 of 2026 on the file of the respondent

police, seeks bail.

2. The case of the prosecution is that the

petitioner run a company in a name and style of

Sanade Manpower Consultancy private limited, in

Madhavapuram, Kanyakumari District and they were

arranging employment opportunities abroad and in

pursuance to that on 21.05.2025, they collected a

sum of Rs.4,00,000/- from the defacto complainant

and his brother. After receiving the money, no

further steps were taken to arrange job to the

complainant. When the defacto complainant

requested that they either arrange the promised

employment in abroad or return the amount paid,

they failed to do so. Hence the case.

https://www.mhc.tn.gov.in/judis

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 he has also filed an undertaking

affidavit to settle the issue by making payments

to the victims. He would further submit that he

has been arrested and remanded to judicial

custody on 17.02.2026. Therefore, prayed to grant

bail for the petitioner.

4. The learned Additional Public Prosecutor

appearing for the respondent would submit that

the petitioner has no previous cases. He would

further submit that the investigation is pending

and the offences are grave in nature and hence,

he strongly opposed to grant bail to the

petitioner.

https://www.mhc.tn.gov.in/judis

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 considering the facts that there was

a money dispute in respect of the arranging job

in abroad and also recording the undertaking

affidavit filed by the petitioner to settle the

issue by making payments to the victims and also

considering the period of incarceration undergone

by the petitioner from 17.02.2026, this Court is

inclined to grant bail to the petitioner subject

to the following conditions:

[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)

https://www.mhc.tn.gov.in/judis

with two sureties each for a like sum to

the satisfaction of the learned Judicial

Magistrate-I, Nagercoil, and on further

conditions that:

[b] the petitioner shall report before

the respondent police once in a week I.e.,

on Every Saturday 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;

https://www.mhc.tn.gov.in/judis

[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 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].