Guna @ Gunasekaran vs The State Rep. By Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 16.09.2026 for the alleged offence under Sections 332(b) and 310(2) of BNS, 2023 in Crime No.238 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant, who is engaged in crypto coin exchange, transferred Rs.5,10,000/- for exchanging USDT. After receiving Rs.5,00,000/- from Deva, the balance amount was to be paid by another person. When Deva and the defacto complainant returned to the office, three unknown persons assaulted Deva, forcibly took the bag containing the money, threw it downstairs, and absconded. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that the co-accused had already been granted bail by this Court in Crl.OP.No.29392 of 2026 dated 12.10.2026, and that the petitioner is therefore entitled to bail on the ground of parity. Hence, he prays for grant of bail to the petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is arrayed as A5 in this case. He further submitted that out of Rs.5,00,000/-, a sum of Rs.4,45,000/- has been recovered. Hence, he opposed to grant bail to the petitioner.

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

Considering the submissions made by the learned counsel on either side, the nature of the allegations, the recovery already effected, the fact that the co-accused has already been granted bail by this Court and the period of custody undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

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 Judicial Magistrate No.II, Salem, and on further conditions that:

[a] the sureties shall affix his 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 his identity;