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CDJ 2026 MHC 3179 print Preview print print
Court : High Court of Judicature at Madras
Case No : CRL. OP. No. 9985 of 2026 & CRL. MP. No. 7643 of 2026
Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Parties : V. Sridhar Versus The State rep. by, The Inspector of Police, Kandili Police Station, Tirupathur.
Appearing Advocates : For the Petitioner: Sasikannan, Advocate. For the Intervenor: N. Baskaran, Advocate. For the Respondent: V.J. Priyadarsana, Government Advocate (Crl. Side).
Date of Judgment : 06-05-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -
Judgment :-

(Prayer : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.92 of 2026 on the file of the respondent police.)

1. The petitioner, who was arrested and remanded to judicial custody on 10.03.2026 for the offences punishable under Sections 296(b), 115(2), 190, 351(3), 308(4), 127(2), 61(2) of BNS r/w Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.92 of 2026, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has given a loan to the defacto complainant and thereafter, charged exorbitant interest; that thereafter, on 09.03.2026, the petitioner along with other accused conspired together, abducted the defacto complainant to A3's house and at knife point threatened the defacto complainant to sign on a document, thereby committed extortion, charged exorbitant interest and threatened him with dire consequences. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 10.03.2026. It is further submitted that the petitioner is ready to cooperate with the investigation and will appear before the respondent police as and when required. The learned counsel further submitted that the petitioner is in incarceration for the past 58 days and the co-accused in this case were already released on bail. He further contended that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prayed for the grant of bail to the petitioner

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the bail to the petitioner, reiterated the prosecution's case and submitted that 5 previous cases are pending against the petitioner.

5. The learned counsel for the intervenor raised strong objection for the grant of bail to the petitioner by stating that the defacto complainant had obtained a loan from the petitioner herein, subsequently the petitioner demanded more interest than the interest agreed, thereby claimed exorbitant interest; that thereafter, the de facto complainant repaid the amount with interest to the account of the persons, as directed by the petitioner; that thereafter, the petitioner repeatedly abused the defacto complainant and on 09.03.2026 the petitioner conspired with co-accused induced the defacto complainant to come to Tirupattur and thereafter, abducted the defacto complainant to A3's house, assaulted him and at knife point, demanded the defacto complainant to sign in a document; that while the defacto complainant refused to do so, he was criminally intimidated by the petitioner and other accused.

6. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.25,000/- to any association. Hence, he prays for grant of bail to the petitioner.

7. Heard both sides and perused the materials available on record.

8. Considering the facts and circumstances of the case, the coaccused were already released on bail and the submissions made by learned counsel on either side, and taking note of the period of incarceration undergone by the petitioner, who was in judicial custody for the past 58 days, as well as the fact that the petitioner has volunteered to deposit a sum of Rs.25,000/- to the credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is inclined to grant bail to the petitioner subject to certain conditions.

9. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousands only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District and Sessions Judge, Tirupattur 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;

                     [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 absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

10. Accordingly, this criminal original petition and the criminal miscellaneous petition are ordered.

 
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