G.Rajkumar v. The State Represented By The Special Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN G.Rajkumar S/o. Ganesan, Door No.4, Old Post Office, 2nd Street, Sembakkam Village, Katpadi Taluk, Vellore District.

..Petitioner(s) Vs The State Represented by The Special Sub Inspector of Police Vishnukanchi Police Station, Kanchipuram District.

Crime NO.101 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 Crime NO.101 of 2026 on the file The Special Sub Inspector of Police, Vishnu Kanchi Police Station, Kanchipuram District pending on the file of the respondent and pass such other or further orders as this Honorable Court. For Petitioner(s):

M/s.P. Neelavathi For Respondent(s):

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.05.2026 for the alleged offence under Sections 318(4), 303(2) of BNS, 2023

in Crime No.101 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner along with other accused, cheated the defacto complainant by exchanging imitation jewellery for the defacto complainant's gold jewellery and thereafter absconded with the gold ornaments. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 21.05.2026. He further submitted that only based on the confession statement of the coaccused, the petitioner has been roped into 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. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner and the other accused induced the defacto complainant to part with his gold jewellery weighing 2.25 sovereigns by promising to provide gold at a lesser price and instead, handed over imitation jewellery. However, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side and considering the fact that the petitioner has been roped in this case by way of confession statement of the arrested accused and also taking into consideration of the duration of incarceration of the petitioner, this Court is inclined to enlarge the petitioner on bail on 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram, 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., until further orders. [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.

03-07-2026 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.

To 1.The Judicial Magistrate No.I, Kancheepuram.

2. The Special Sub Inspector of Police Vishnukanchi Police Station, Kanchipuram District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 03-07-2026