← Library
Madras High CourtCRL OP/15638/2026granted

Loganathan v. The State Rep By, The Inspector Of Police

2026-06-22Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Loganathan ..Petitioner(s) Vs The State Rep By, The Inspector of Police SRMC Police Station, Chennai.

Crime No.98 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in respect of Crime No.98 of 2026 on the file of the Inspector of Police, SRMC Police Station.

For Petitioner(s):

M/S. S.Mohanraj For Respondent(s):

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 11.05.2026 for the alleged offence under Sections 316(2), 318(4), 351(2) of BNS in Crime No.98 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are friends. It is alleged in the FIR that the petitioner, by using credit cards of defacto complainant, availed loan for a sum of Rs.8,23,000/- for his business necessity and promised to return the same. When the defacto complainant questioned about the money, he threatened the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Counsel for Government of Tamil Nadu (Crl.Side) appearing for the Respondent Police reiterated the prosecution case and opposed to grant bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Counsel for Government of Tamil Nadu

(Crl.Side), though the allegations were made against the petitioner, he was incarcerated in judicial custody since 11.05.2025. In such view of long incarceration of the petitioner, this Court is of the firm view that his further custody for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Poonamallee 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., until further orders. [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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22-06-2026 SHL 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.

To:

1. The Judicial Magistrate-I, Poonamallee

2. The Inspector of Police SRMC Police Station, Chennai.

3.The Central Prison, Puzhal-II, Chennai.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 22-06-2026