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2026 DAILYLAW 47698 (MAD)

Rajkumar @ Christoper v. State Rep.by

CRL OP/17966/2026 · 2026-07-10

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17966 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17966 of 2026 Rajkumar @ Christoper ..Petitioner(s) Vs State Rep.by The Inspector of Police, Barur Police Station, Krishnagiri District. (Crime No.53/2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.53 of 2026 on the file of the respondent police For Petitioner(s): Mr.P.Muthamizhselvakumar For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 03.06.2026 for the alleged offences under Sections 336 (3), 338, 340 (2), 61 (2) of the Bharatiya Nyaya Sanhita, 2023 r/w Section 12 (3) of Passport Act, in Crime No.53 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with other accused, induced the defacto-complainant, a Sri Lankan national, by promising high salaried employment in France, collected a sum of Rs.65,00,000/- and https://www.mhc.tn.gov.in/judis CRL OP No. 17966 of 2026 __________ Page2 of 6 created a fake Aadhar card portraying him as an Indian national and thereby cheated the defacto-complainant. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 03.06.2026. He further submitted that a complaint was preferred by one Sevier, an accused in POCSO case, before the POCSO Fast Track Mahila Court, Krishnagiri, which was forwarded to the Police and based upon on the said complaint received from the Court, the present complaint has been registered against the petitioner. He further submitted that A2 / Parameshwaran has already been released on bail. The learned counsel for the petitioner further contended that the petitioner stands on the same footing as that of the said A2 / Parameshwaran. Hence, he prays to grant bail to the petitioner. 4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the defacto-complainant parted with Rs.65,00,000/- to arrange a job in France and the amount was given to one Mithursan. He further submitted that according to the prosecution, the said Mithursan and the petitioner fabricated certain documents belonging to the accused, Sevier. He further submitted that no previous case has been registered against the petitioner. However, he opposed for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 17966 of 2026 __________ Page3 of 6 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6.Considering the fact that the co-accused has already been released on bail, that the petitioner stands on the same footing, that he has no criminal antecedents and that he has been incarcerated since 03.06.2026, this Court is of the firm view that his further custody is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with 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 District Munsif Cum Judicial Magistrate Court, Pochampalli, and subject to the following conditions: [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. for a period of two weeks; thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis CRL OP No. 17966 of 2026 __________ Page4 of 6 [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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 10-07-2026 ep 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. https://www.mhc.tn.gov.in/judis CRL OP No. 17966 of 2026 __________ Page5 of 6 To:- 1.The District Munsif Cum Judicial Magistrate Court, Pochampalli. 2.The Superintendent of Prison, Central Prison, Puzhal. 3.The Inspector of Police, Barur Police Station, Krishnagiri District. 4.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17966 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. EP CRL OP No. 17966 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis