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Madras High CourtCRL OP/16728/2026granted

Arokiyaraj v. The State Represented By The Inspector Of Police

2026-07-01Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arokiyaraj S/o.Anthony, No.27, VOC Street, Thiruvalluvar Nagar, Pattabiram, Chennai - 600 072.

..Petitioner(s) Vs The State Represented by the Inspector of Police T6, Avadi Police Station, Tiruvallur District.

Crime no.199 of 2026.

..Respondent(s) Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in pending investigation in Crime no.199 of 2026 on the file of the Respondent Police.

For Petitioner(s):

Mr.M.V.Bharath Arun For Respondent(s):

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.05.2026 for the alleged offences under Sections 406 and 420 IPC in Crime No.199 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that, on the pretext of securing a Government job as Office Assistance, he received a sum of Rs.2,00,000/- from the defacto complainant, but neither secured the job nor returned the amount and, when demanded, threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner was arrested on 22.05.2026 on the allegation that he had promised to secure a Government job. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

3. The learned Government Advocate (Criminal Side) submitted that the petitioner had demanded a sum of Rs.5 lakhs and returned only Rs.2 lakhs. Thus, a sum of Rs.3 lakhs is yet to be returned. Hence, he opposed to grant bail to the petitioner.

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

5. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); it is

observed that the very allegation against the petitioner is that he promised to secure a public employment, which by itself an illegality. Therefore, there is also responsibility on the part of the defacto complainant in approaching the petitioner. Hence, notwithstanding the allegation, and considering the incarceration of the petitioner since 22.05.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

6. 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 No.II, Poonamallee at Tiruvallur District, 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.

01-07-2026 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.

To 1.The Judicial Magistrate No.II, Poonamallee at Thiruvallur District.

2. The Inspector of Police, T6 Avadi Police Station, Tiruvallur District.

3.The Superintendent of Prison, Puzhal Prison-02, Puzhal.

4.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 01-07-2026