Citation : 2026 Latest Caselaw 2356 Mad
Judgement Date : 6 May, 2026
CRL OP No.11567 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.05.2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No.11567 of 2026
R.Saravanan ..Petitioner(s)
Vs
State Rep.by
The Inspector of Police
EOW (CCIW CID) Police Station
Villupuram, Villupuram District.
(Crime No.1 of 2026). ..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 483 of BNSS Act, to
enlarge the petitioner on bail, pending investigation in Crime No.1 of 2026 on
the file of the Inspector of Police, EOW (CCIW CID) Police Station,
Villupuram, Villupuram District.
For Petitioner(s): Ms.R.Hemalatha
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
09.04.2026 for the offences punishable under Sections 120B, 408, 420, 471,
477A, in Crime No.1 of 2026, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner and other accused
persons were pre-closed 37 deposits of six members and the amount were
returned to the concerned members. However, misappropriation to the tune of
Rs.71,19,654/- has been committed. Hence, this case has been registered.
3. The learned counsel for the petitioner submits that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. However, he has been arrested and he is languishing in jail from
09.04.2026. Therefore, he prays for grant of bail.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent Police would fairly submit that the petitioner has got one previous
case against him. However, he opposed to grant bail to the petitioner.
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.
6. Considering the facts and circumstances and considering the period of
incarceration already undergone and also taking note of the fact that the
petitioner has come forward to deposit an amount of Rs.25,000/- to the credit
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of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is
inclined to enlarge the petitioner on bail, subject to certain conditions.
7. Accordingly, the petitioner shall pay a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) as cost to the Tamil Nadu Advocate Clerk
Association, Chennai and on such payment, the petitioner is ordered to be
released on bail, on 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-I, Kallakurichi, and on further conditions:
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b) the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;
c)the petitioner shall not tamper with evidence or witness;
d)the petitioner shall not abscond during trial;
e)On breach of any of the aforesaid conditions, the learned 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
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laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
8. With the above directions, the Criminal Original Petition is allowed.
06.05.2026 dna/av
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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To
1.The Judicial Magistrate-I, Kallakurichi.
2.The Inspector of Police EOW (CCIW CID) Police Station Villupuram, Villupuram District.
Crime No.1 of 2026).
3.The Superintendent, District Jail, Villupuram.
4.The Public Prosecutor, High Court of Madras.
5.The Tamilnadu State Legal Services Authority, High Court Campus, Chennai.
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L.VICTORIA GOWRI, J.
dna/av
CRL.OP.N11567 of 2026
06.05.2026
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