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2026 DAILYLAW 51689 (MAD)

Valarmathy v. The State rep by the Inspector of Police

CRL OP/19167/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19167 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19167 of 2026 1. Valarmathy 2. Sathishkumar ... Petitioner(s) Vs. The State rep. by The Inspector of Police, J-7, Velacherry Police Station, Chennai. ... Respondent(s) Crime No.251 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.251 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.R.Parthiban For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 12.06.2026 for the alleged offences under Sections 296(b), 316(2), 318(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.251 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19167 of 2026 2. It is the case of the prosecution that there are totally ten accused in the present case. The petitioners are among them and are alleged to be employees of the first accused. According to the prosecution, the first accused owned only four houses and, by repeatedly showing the very same houses to as many as 117 victims as though they were available for sale, dishonestly induced them to part with huge sums of money, thereby causing a wrongful loss to the tune of approximately Rs.8.5 crores. The specific allegation against the petitioners is that, despite being fully aware of the fraudulent activities of the first accused, they actively connived with and abetted the commission of the offence. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 24.06.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. It is his specific submission that the petitioners are only employees of the first accused, that the overt act attributed to them is very limited in nature, and that the co-accused has already been enlarged on bail by this Court vide order dated 16.07.2026 passed in Crl.O.P.No.18608 of 2026. Hence, he prayed for the grant of bail. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19167 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that though the petitioners are stated to be only employees of the first accused, they were fully aware that the first accused possessed only four houses and, despite such knowledge, actively connived with the first accused in inducing as many as 117 victims to part with huge sums of money, thereby abetting the commission of the offence. He further submitted that, so far, no police custody of the petitioners has been sought. However, he fairly submitted that the petitioners have no criminal antecedents. 5. Though serious allegations have been levelled against the petitioners, considering the period of incarceration undergone by the petitioners, the fact that the petitioners have no criminal antecedents, the specific and limited overt act attributed to the petitioners, the fact that no police custody of the petitioners has been sought, the fact that the co-accused has already been enlarged on bail by this Court vide order dated 16.07.2026 in Crl.O.P.No.18608 of 2026, and also considering that the petitioners are only stated to have abetted the main accused, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19167 of 2026 6. Accordingly, the petitioners are ordered to be released on bail on their 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 XVIII Metropolitan Magistrate, Saidapet, Chennai 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 petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 petitioners 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]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19167 of 2026 [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 20.07.2026 skr 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 learned XVIII Metropolitan Magistrate, Saidapet, Chennai 2. The Superintendent, Special Women Prison, Puzhal 3. The Superintendent, Central Prison, Puzhal, Chennai 4. The Inspector of Police, J-7, Velacherry Police Station, Chennai. 5. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19167 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19167 of 2026 20.07.2026 6/6 https://www.mhc.tn.gov.in/judis