Selvanayagam vs The State Rep By The Inspector Of Police
2026 Latest Caselaw 2318 Mad

Citation : 2026 Latest Caselaw 2318 Mad
Judgement Date : 6 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Selvanayagam vs The State Rep By The Inspector Of Police on 6 May, 2026

                                                                            CRL OP No. 11222 of 2026


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 06-05-2026
                                                            CORAM
                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                                    CRL OP No. 11222 of 2026

                Selvanayagam
                                                                            Petitioner
                                                              Vs
                1. The State Rep. by
                the Inspector of Police
                Kumarapalayam Police Station,
                Namakkal District.
                (Crime No.107 of 2026)
                                                                            Respondent

                PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
                to enlarge the petitioner on bail, pending investigation of the case in the Crime
                No.107 of 2026 on the file of the Respondent.

                                  For Petitioner:              Mr.M.Vijaya Ragavan

                                  For Respondent:              Mr.V.J.Priyadarsana
                                                               Government Advocate (Crl.Side)




https://www.mhc.tn.gov.in/judis
                                                                          CRL OP No. 11222 of 2026


                                                        ORDER

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

31.03.2026 for the alleged offences under Sections 303(2) of Bharatiya Nyaya

Sanhita (BNS), 2023 in Crime No.107 of 2026 on the file of the respondent

police, seeks bail.

2. The case of the prosecution is that the petitioner allegedly stole a car

bearing Registration Number TN 28 R 3305 belonging to the de facto

complainant. Hence the present case.

3. The learned counsel for the petitioner submitted that the petitioner is

innocent and has been falsely implicated in this case without any basis. It is

further submitted that the petitioner is ready to cooperate with the investigation

and will appear before the respondent police as and when required. The learned

counsel further contended that the petitioner is ready to abide by any conditions

imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

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

respondent police, while opposing the grant of bail to the petitioner, reiterated

the prosecution's case and submitted that the petitioner was arrested on

31.03.2026 and the stolen car has been recovered from the accused.

5. At this juncture, the learned counsel for the petitioner submitted that

the petitioner, without prejudice to his defense and contention, is ready and

willing to deposit an amount of Rs.25,000/- to any association. Hence, he prays

for grant of bail to the petitioner.

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

6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, the nature of the

allegations and the submissions made by learned counsel on either side, and

taking note of the period of incarceration undergone by the petitioner as well as

the fact that the petitioner has volunteered to deposit a sum of Rs.25,000/- to the

credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is

inclined to grant bail to the petitioner subject to certain conditions.

8. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees

Twenty Five Thousand only) as cost to the Tamil Nadu Advocate Clerk

Association, Chennai, Account No. 484026006, Branch: Indian Bank High

Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered

to be released on bail on his executing 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, Kumarapalayam, Namakkal District 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

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

[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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

06-05-2026 vum/stn

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.

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