Madras High Court

CRL OP(MD)/25379/2026 of Lakshmanan Vs State Of Tamilnadu Rep By Inspector Of Police, Valliyoor on 5 November 2026

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CRL OP(MD) No. 25379 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05-11-2026

CORAM

THE HON'BLE MR. JUSTICE K.MURALI SHANKAR

CRL OP(MD) No. 25379 of 2026

CNR:{HCMD011559912026}

Lakshmanan

..Petitioner/Petitioner

Vs

State Of Tamilnadu

Represented by

The Inspector Of Police,

Valliyoor Police Station,

Tirunelveli District.

(Crime No.262 of 2026)

..Respondent(s)

PRAYER: This Petition filed under section Petition u/s 528 of BNSS C-

38. To Modify the condition imposed under condition no.5(2) in the bail order dated 21.10.2026 passed in Crl.MP(MD)No.795 of 2026 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District in connection with Crime No.262 of 2026 on the file of the respondent police.

For Petitioner

:Mr. S.Sathyachidambaram

Advocate

For Respondent

: Mr.N.Balasubramanian

Counsel for State of TN(Crl.Side)

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ORDER

The above Criminal Original Petition has been filed seeking modification of the condition imposed in Crl.M.P.(MD)No.795 of 2026, __________

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CRL OP(MD) No. 25379 of 2026 dated 21.10.2026, on the file of the Judicial Magistrate, Valliyoor, wherein the petitioner, while granting statutory bail, was directed to deposit a sum of Rs.2,00,000/-.

2. It is evident from the records that the petitioner has been charged for the offences under Sections 316(4) and 49 of BNS and he was arrested on 17.08.2026 and remanded to judicial custody. Since the respondent police has not laid the final report within the stipulated period, the petitioner has moved an application seeking statutory bail and the learned Judicial Magistrate, vide order dated 21.10.2026 has granted statutory bail, by imposing a condition to deposit a sum of Rs.2,00,000/- by the petitioner. It is settled law that the Courts while granting statutory bail, cannot impose any onerous condition.

3. The learned counsel appearing for the petitioner placed reliance on the judgment of the Hon'ble Supreme Court in Saravanan v. State represented by the Inspector of Police, reported in (2020) 9 SCC 101, wherein the Hon'ble Supreme Court reiterated the legal position that an accused is entitled to statutory bail upon the expiry of the prescribed period of 60 or 90 days, as the case may be, if the investigation has not __________

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CRL OP(MD) No. 25379 of 2026 been completed and the final report has not been filed within the said period, provided that the accused applies for bail and is prepared to furnish bail. The Hon'ble Supreme Court further held that the imposition of a condition requiring the accused to deposit a specified amount, while granting statutory bail, is impermissible, as such a condition would defeat the very object of the statutory right to default bail.

4. Considering the above, this Court is of the view that the condition imposed on the petitioner to deposit Rs.2,00,000/- is onerous and the same cannot be sustained.

5. In the result, the Criminal Original Petition is allowed and the impugned order passed in Crl.M.P.(MD)No.795 of 2026, dated 21.10.2026, on the file of the Judicial Magistrate, Valliyoor, by directing the petitioner to deposit a sum of Rs.2,00,000/-, is set aside and the other conditions imposed therein shall remain unaltered. 05-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy on 05.11.2026 SSL __________

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CRL OP(MD) No. 25379 of 2026 To

1. The Judicial Magistrate, Valliyoor.

2. Inspector Of Police, Valliyoor Police Station Tirunelveli District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. __________

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CRL OP(MD) No. 25379 of 2026 K.MURALI SHANKAR, J. SSL CRL OP(MD) No. 25379 of 2026 05-11-2026 __________

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