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2026 DAILYLAW 44375 (MAD)

Vallarasu .J v. The Sub-Inspector of Police,

CRL OP/16439/2026 · 2026-06-30

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.O.P.No.16439 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM: THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY CRL.O.P.No.16439 of 2026 Vallarasu .J ..Petitioner Vs. The Sub-Inspector of Police, Bagayam Police Station, Vellore. Crime No.31 of 2026. ..Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to set aside and modify the conditions imposed in Para 11 (ii) The Petitioner shall appear and execute a personal bond for Rs.10,00,000/- with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this Court, by the learned Judicial Magistrate No.I, Vellore in Crl.M.P.No.4921 of 2026 in Crime No.31 of 2026 vide order dated 01.06.2026. For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Crl.Side) https://www.mhc.tn.gov.in/judis CRL.O.P.No.16439 of 2026 __________ Page2 of 6 ORDER This Criminal Original Petition has been filed seeking to modify the condition imposed in paragraph 11(ii) of the order dated 01.06.2026 passed in Crl.M.P.No.4921 of 2026 by the learned Judicial Magistrate No.I, Vellore, directing the petitioner to appear and execute a personal bond for a sum of Rs.10,00,000/- with two sureties for a like sum with solvency certificate obtained from the Tahsildar to the satisfaction of the said Court. 2. The learned counsel for the petitioner submitted that the condition imposed by the learned Magistrate is highly onerous and impossible to comply with. 3. The learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent submitted that the said condition was rightly imposed by the learned Magistrate, considering the fact that the vehicle in question was involved in an illegal mining offence. https://www.mhc.tn.gov.in/judis CRL.O.P.No.16439 of 2026 __________ Page3 of 6 4. Heard both sides and perused the materials available on records. 5. This Court has taken into consideration the nature of offence and the fact that the vehicle involved is of the year 2005 manufacture. 6. In view of the above, while no exception can be taken to the imposition of the condition, this Court is of the view that the quantum of the bond amount is excessive and can be scaled down. 7. Accordingly this Criminal Original Petition is allowed and the condition imposed in paragraph 11(ii) of the order dated 01.06.2026 passed in Crl.M.P.No.4921 of 2026 by the learned Judicial Magistrate No.I, Vellore, directing the petitioner to appear and execute a personal bond for a sum of Rs.10,00,000/- with two sureties for a like sum with solvency certificate obtained from the Tahsildar to the satisfaction of the said Court, is modified to the extent that the petitioner shall appear and execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh https://www.mhc.tn.gov.in/judis CRL.O.P.No.16439 of 2026 __________ Page4 of 6 Only) with two sureties for a like sum, with solvency certificate obtained from the Tahsildar to the satisfaction of the learned Judicial Magistrate No.I, Vellore. All other conditions imposed in the order dated 01.06.2026, shall remain unaltered. 30-06-2026 Neutral Citation: Yes/No Sni https://www.mhc.tn.gov.in/judis CRL.O.P.No.16439 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.I, Vellore. 2.The Sub-Inspector of Police, Bagayam Police Station, Vellore. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL.O.P.No.16439 of 2026 __________ Page6 of 6 D.BHARATHA CHAKRAVARTHY, J. Sni CRL.O.P.No.16439 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis