Citation : 2026 Latest Caselaw 2557 Mad
Judgement Date : 14 May, 2026
CRL OP No. 12552 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12552 of 2026
Sundarrajan
..Petitioner(s)
Vs
State rep. By
The Inspector of Police,
Anakkavoor Police Station,
Thiruvannamalai district.
Crime No.15 of 2026
..Respondent(s)
To enlarge the petitioner on bail pending investigation in Crime
No.15 of 2026 on the file of the Respondent Police and thus render justice.
For Petitioner(s): Mr.V.R.Appaswamee
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
10.03.2026 for the offences punishable under Sections 126(2), 140(2), 310 and
311 of BNS Act, 2023 in Crime. No. 15 of 2026 on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that on 03.03.2026 at about 10.30 p.m.,
while going to Irungal village from Cheyyar, 9 members in a car blocked
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defacto complainant’s bike near Thavasi Crematorium. Later, defacto
complainant was abducted in the car, taken to an unknown place, threatened at
knife point, and his gold jewels and Rs.10,000/- cash were snatched. The
accused then contacted his mother, threatened her, and obtained her jewels
through a cousin for exchange of the complainant’s life. Based on the
complaint, the respondent police registered a case against the petitioner and
others.. Hence, the case.
3. The learned counsel for the petitioner would contend that the
petitioner is under judicial custody since 10.03.2026. He further submitted that
the defacto complainant is the cousin of the petitioner. The defacto complainant
cheated the petitioner in a chit fund. The alleged gold ornaments and cash have
been fully recovered and returned to the defacto complainant. He would further
submit that he is an innocent person and he has not committed any offence as
alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that there are totally 9 accused persons. There is
no previous case against the petitioner. Investigation in this case is pending.
Stolen properties have been recovered from the accused persons. However, he
vehemently opposed the grant of bail to the petitioner.
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5. Heard both sides and perused the materials available on record.
6. Considering the rivals submissions made on both sides and nature of
offences charged against the petitioner, and also the fact that there are no
previous cases pending against the petitioner, and that even according to the
prosecution, stolen properties have been recovered, and also taking into
consideration the period of incarceration undergone by the petitioner, 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) with two sureties each for a like sum
to the satisfaction of the learned Judicial Magistrate Court,
Cheyyar and on further conditions that:
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of 30 days;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
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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
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 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
GD 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
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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.
To
1. The Judicial Magistrate Court, Cheyyar
2.The Inspector of Police, Anakkavoor Police Station, Thiruvannamalai
3. The Superintendent Central Prison, Vellore
4. The Public Prosecutor, Madras High Court.
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P.DHANABAL, J.
GD
14-05-2026
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