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Madras High CourtCRL OP/2349/2026granted

Rajesh v. State By The Inspector Of Police

2026-02-03Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2349 of 2026 Rajesh ... Petitioner -vsState Rep by, The Inspector of Police, Bargur Police Station, Bargur, Krishnagiri.

(Crime No.2 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.2 of 2026 on the file of the respondent police.

For Petitioner :

Mr.G.Anand Kumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.01.2026, for the offences punishable under Sections 137(2), 115(2), 118(1), 127(2), 140(2), 296(b),351(3) of BNS, in Crime No.2 of 2026, registered on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that the petitioner along with other accused involved in abducting the husband of the defacto complainant for the purpose of getting back a sum of Rs.28,00,000/- which was transferred into the husband of the defacto complainant by the accused group. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and he is in judicial custody from 04.01.2026. He further submitted that the petitioner is ranked as A4 and the main accused is A1 and the petitioner is ready to abide by any conditions that may be imposed by this Court. He further submitted that the co-accused was granted bail by this Court in Crl.OP.No.1698 of 2026 dated 27.01.2026. Hence, prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that there are totally five accused in this case and the petitioner herein ranked as A4 and now the victim was secured and there is no previous case pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the co-accused was granted bail by this Court in Crl.OP.No.1698 of 2026 dated 27.01.2026, and there is no previous case pending against the petitioner, I am inclined to grant bail to the petitioner herein with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate-I, Krishnagiri and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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 a period of three weeks and thereafter as and when required for interrogation. [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 aforesaid conditions, the 3/6

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 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 B.N.S.

03.02.2026 drl 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 No.I, Krishnagiri.

2.The Inspector of Police, Bargur Police Station, Bargur, Krishnagiri.

3.The Superintendent, District Prison, Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.2349 of 2026 03.02.2026 6/6