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2026 DAILYLAW 47645 (MAD)

Raja v. State Of Tamilnadu Rep By Inspector Of Police, Aundipatty

CRL OP(MD)/13736/2026 · 2026-07-09

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.13736 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.13736 of 2026 1. Raja, S/o. Paraman, South Street, Puliman Kombai, Andipatty Taluk, Theni District.. 2. Thavamani, W/o. Raja, South Street, Puliman Kombai, Andipatty Taluk, Theni District.. ... petitioners/A1 and A2 Vs State of Tamilnadu Rep by, The Inspector of Police, Aundipatty Police Station, Theni District. (Crime No. 651 of 2026). ... Respondent/Complainant 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 For petitioners : Mr.Subash Chandar S, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38B. For Bail in Crime No. 651 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners /A1 and A2, who were arrested and remanded to judicial custody on 22.06.2026, for the offences punishable under Sections 137(2), 310(2) and 49 of BNS, 2023, in Crime No.651 of 2026 on the file of the respondent police, seek bail. 2. The allegation against the petitioners is that they are known to the defacto complainant and were engaged by her to collect money from one person. Accordingly, the petitioners attempted to collect the said amount, pursuant to which the case was registered and some of the accused along with petitioners herein were arrested. In connection with 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 the same, the petitioners allegedly demanded money from the defacto complainant. Since the demand was not met by the defacto complainant, on the date of occurrence, the petitioners allegedly forcibly took the defacto complainant to a lonely place from the bus and snatched a sum of Rs.1,00,000/- and 3¾ sovereigns of gold ornaments from her. Hence, the case was registered and the petitioners were arrested. 3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The petitioners are ready to cooperate with the investigation. He would further submit that they have only known the defacto complainant and there is no possibility of abducting her. The petitioners are in custody from 22.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioners. 4. The learned Counsel appearing for the State (Crl. Side) reiterated the prosecution case and reported that totally six accused in 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 this case and the second petitioner has no previous case and the first petitioner has two previous cases. The investigation is still pending. So far no properties were recovered recover except two wheeler. Hence, he opposed to grant bail to the petitioners. 5. This Court heard both sides and perused the materials available on record. 6.Since the first petitioner has bad antecedents, this Court is not inclined to grant bail to the first petitioner. Accordingly, this Criminal Original Petition stands dismissed in respect of first petitioner. 7. Considering the facts and circumstances of the case, considering the nature of offence, overt act attributed against the second petitioner and the second petitioner has no previous cases and also considering the period of incarceration, I am inclined to grant bail to the second petitioner subject to certain conditions. [a] Accordingly, this petition is partly allowed and the second petitioner is ordered to be released on bail on condition 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aundipatti, and on further conditions that: [b] the second petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; [c] the second petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the second petitioner shall not abscond either during investigation or trial; [e] the second 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 dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the second petitioner in accordance 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 with law as if the conditions have been imposed and the petitioners 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 09.07.2026 VSG TO 1.The learned Judicial Magistrate, Aundipatti. 2.The Superintendent, Womens Jail, Madurai. 3.The Inspector of Police, Aundipatty Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13736 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.13736 of 2026 Date : 09/07/2026 7/7 https://www.mhc.tn.gov.in/judis