Kanishk.M v. The State rep by the Inspector of Police
CRL OP/19607/2026 · 2026-07-23
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 54172 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54172 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19607 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19607 of 2026 Kanishk.M S/o.Murugeshan, 17/21, Sobha Nagar, Avarampalayam, Coimbatore North Taluk, Coimbatore District - 614 004. ..Petitioner(s) Vs The State rep by the Inspector of Police District Crime Branch, Nagapattinam District. Crime no.0003 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.3 of 2026 on the file of the District Crime Branch, Nagapattinam District. For Petitioner(s): Mr.S.Nirmal Aditya For Respondent(s): For Intervener: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) Mr.M.Sabarinathan
ORDER The petitioner, who was arrested and remanded to judicial custody on 26.06.2026 for the alleged offence under Sections 316(2) and 318(4) of BNS, https://www.mhc.tn.gov.in/judis
CRL OP No. 19607 of 2026 __________ Page2 of 6 2023, in Crime No.0003 of 2026 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that, by inducing the defacto complainant to invest in online trading scheme on the promise of high returns, the accused cheated him of a sum of Rs.55,00,000/-. Hence, the complaint.
3. The learned counsel for the petitioner submitted that he has been remanded in judicial custody since 26.06.2026 and that, he being an innocent person, he has been falsely implicated in the present case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.
4. The learned counsel for the intervener submitted that, if the petitioner is enlarged on bail, it would be very difficult to get back the cheated amount. Hence, he prays to dismiss the bail petition.
5. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the total amount cheated is Rs.55 lakhs, out of which, Rs.20 lakhs was transacted through the petitioner’s account. Even according to the prosecution, under the guise of online investment, the petitoner received a sum of Rs.55 lakhs from the defacto complainant. Hence, he opposed the grant of https://www.mhc.tn.gov.in/judis
CRL OP No. 19607 of 2026 __________ Page3 of 6 bail to the Petitioner.
6. I have given my anxious consideration to either side submissions and perused the materials available on record.
7. From the submissions made by the learned counsel on either side and considering the nature of allegation against the petitioner and also taking into
consideration of the duration of incarceration and the fact that the petitioner has no criminal antecedents, this Court is inclined to enlarge the petitioner on bail on certain conditions.
8. 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Nagapattinam 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., for a period of two weeks and thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis
CRL OP No. 19607 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 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. 23-07-2026 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. https://www.mhc.tn.gov.in/judis
CRL OP No. 19607 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.I, Nagapattinam. 2.The Inspector of Police District Crime Branch, Nagapattinam District. 3.The Superintendent, District Prison, Nagapattinam. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 19607 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. DRL CRL OP No. 19607 of 2026 (2/2) 23-07-2026 https://www.mhc.tn.gov.in/judis