Citation : 2026 Latest Caselaw 2701 Mad
Judgement Date : 21 May, 2026
CRL OP No. 13426 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13426 of 2026
Kumaravel
S/o. Subramanian,
No.T1, Living Spring, 3rd Floor,
Ashok Pillar,
Chennai.
..Petitioner(s)/A1
Vs
State Rep. by
The Inspector of Police
City Crime Branch,
Coimbatore City Police Station,
Crime No.8/2026
..Respondent(s)/
complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner
in Crime No.8 of 2026 on the file of the respondent-police.
For Petitioner(s): Mr.S.Azhaguvel
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023, praying to grant bail.
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2. The petitioner/Accused A1 was arrested and remanded to judicial
custody on 06.04.2026 for the alleged offences punishable under Sections 61 (2)
(a), 318 (4), 336 (2), 336 (3), 338 and 351 (2) of BNS, 2023, in Crime No.8 of
2026 on the file of the respondent-police.
3. The case of the prosecution is that defacto was in possession of
demonetised Rs.500 and Rs.1000 currency notes. The accused persons induced
the defacto-complainant to exchange these notes by promising substantial
monetary benefits. Consequently, on 05.03.2026, the defacto-complainant
transferred a sum of Rs.18,00,000/- to Arumuga Selvi’s Axis Bank account
(Account No.924010074599464). Thereafter, the accused persons cheated the
defacto-complainant and failed to return the money, based on which, the present
complaint was lodged and the same has been registered.
4. Mr.S.Azhaguvel, 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. He, however, submits that the petitioner is ready to
abide by any stringent conditions that may be imposed by this Court. He
therefore prays to grant bail to the petitioner.
5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate
(Criminal Side) appearing for the respondent-police reiterated the prosecution __________ Page2 of 6 https://www.mhc.tn.gov.in/judis
case and submits that the petitioner has no bad antecedents. As preliminary
investigation is yet to be completed, the learned Government Advocate
(Criminal side) raised a strong objection to grant bail to the petitioner.
Accordingly, he prays to dismiss the petition.
6. Heard on both sides. This Court has perused all the materials available
on record.
7. The petitioner was arrested on 06.04.2026 The petitioner has
permanent residence and deep roots in the society. Therefore, there is less
possibility of absconding. Considering the same and also considering the facts
and circumstances of the case, the offence alleged against the petitioner and
taking note of the fact that there are no previous cases against the petitioner, this
Court is of the view that further custody of the petitioner is not necessary in this
case. Hence, this Court is inclined to grant bail to the petitioner, subject to the
following conditions:
(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One
Lakh only) along with two sureties each for a like sum of Rs.1,00,000/- (Rupees
One Lakh Only) to the satisfaction of the learned Judicial Magistrate-VII,
Coimbatore.
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(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal
Rules of Practice, 2019']. The learned Judicial Magistrate - VII, Coimbatore,
shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the respondent-police
daily morning at 10.00 a.m. and evening at 5.00 p.m. until further orders. The
petitioner shall not leave Coimbatore District without prior permission from the
concerned jurisdictional Magistrate.
(iv) The petitioner shall furnish his residential address and mobile
numbers to the learned Judicial Magistrate-VII, Coimbatore.
(v) The petitioner shall attend in accordance with the conditions of the
bond to be executed under Chapter XXXV of BNS, 2023.
(vi) The petitioner shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is suspected.
(vii) 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
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dissuade them from disclosing such facts to the Court or to any police officer or
tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any threat
to the defacto complainant, victims, and witnesses.
(ix) The petitioner shall not enter into the defacto complainant's house or
his work place.
(x) The petitioner shall not try to contact the defacto complainant,
victims, and witnesses either directly or through any electronic mode.
(xi) On breach of any of the aforementioned conditions, the Judicial
Magistrate-VII, Coimbatore, or Trial Court is entitled to pass appropriate orders
against the petitioner in accordance with law as if the aforementioned
conditions are imposed by them as laid down by the Hon'ble Supreme Court in
P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
21-05-2026 ep/sha __________ Page5 of 6 https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL, J.
ep
Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
To
1.Judicial Magistrate VII, Coimbatore.
2.The Superintendent of Prison Central Prison, Coimbatore District.
3.The Inspector of Police City Crime Branch, Coimbatore City Police Station.
4.The Public Prosecutor High Court of Madras.
21-05-2026
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