S.Raja, S/O.Selvam vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 17.02.2026 for the alleged offence under Sections 140(4), 115(2), 311 of Bharatiya Nyaya Sanhita, 2023-Section in Crime No.73 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that, due to previous enmity, the petitioner, along with four accused persons, kidnapped the de-facto complainant and demanded a sum of Rs.2,00,000/- from the wife of the de-facto complainant. Hence, the present case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is none other than an employee of the de-facto complainant. He would further submit that there is no specific over tact against the petitioner and that the petitioner has been in incarceration since 17.02.2026. Hence, he prays to grant bail to the petitioner; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the petitioner has no previous case. However, he opposed to grant bail to the petitioner.

Considering the said submission of the learned Government Advocate and taking into consideration the incarceration of the petitioner since 17.02.2026 and also considering that the investigation might have been completed and that no previous case pending against the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent 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 XVI Metropolitan Magistrate Court, George Town, Chennai - 01 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 petitioner shall report before the respondent police daily at 10.30 a.m for a period of 30 days;

[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.