Madras High Court

CRL OP/32778/2026 of Tamilazhagan Vs The State Rep By, The Inspector of Police on 11 November 2026

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CRL OP No. 32778 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2026

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN

CRL.O.P.No.32778 of 2026

CNR:{HCMA012638602026}

Tamilazhagan

S/o.Ramachandran,

Mariamman Kovil Street,

Kayarlapath Village,

Ariyalur.

..Petitioner(s)

Vs

The State represented by,

The Inspector of Police

Kayarlapath Police Station,

Ariyalur.

Crime NO.162 of 2026

..Respondent(s)

Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the Surety Memo Return dated 28.08.2026 on the file of the Judicial Magistrate Court No.I, Ariyalur and direct the learned Judicial Magistrate No.I, Ariyalur, not to insist V.A.O. certificate from the sureties and accept the Aadhaar Card and Ration Card offered by the sureties in connection with execution of sureties pursuant to the bail order dated 27.08.2026 passed in Cr.M.P.No.1640 of 2026 on the file of the Sessions Court, Ariyalur Sessions Division, Ariyalur.

For Petitioner(s):

Mr.M.Rajkumar

For Respondent(s):

Mr.R.Ganesh Kumar

Additional Public Prosecutor

__________

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CRL OP No. 32778 of 2026

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ORDER

This criminal original petition has been filed seeking to set aside the Surety Memo Return dated 28.08.2026 on the file of the Judicial Magistrate Court No.I, Ariyalur and direct the learned Judicial Magistrate No.I, Ariyalur, not to insist upon the production of V.A.O. certificate from the sureties and accept the Aadhaar Card and Ration Card offered by the sureties in connection with execution of sureties pursuant to the bail order dated 27.08.2026 passed in Cr.M.P.No.1640 of 2026 on the file of the Sessions Court, Ariyalur Sessions Division, Ariyalur.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner, who was arrested on 25.07.2026 in connection with a case in Crime No.162 of 2026, moved a bail application in Crl.M.P.No.1640 of 2026 before the Sessions Court, Ariyalur Sessions Division, Ariyalur and the same was ordered on 27.08.2026 with some conditions, one of which is that the petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Ariyalur, pursuant to which, the petitioner produced two sureties before the Judicial Magistrate No.I, Ariyalur, along with the surety memo, but, the same was __________

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CRL OP No. 32778 of 2026 returned for want of VAO certificate. Challenging the same, the petitioner has filed the present petition.

4. Considering the submissions made on either side and the facts and circumstances of the case, this Court is inclined to set aside the return endorsement dated 28.08.2026 made on the Surety Memo on the file of the Judicial Magistrate Court No.I, Ariyalur. Further, the Judicial Magistrate No.I, Ariyalur, shall accept the sureties without insisting upon the production of the certificate from the Village Administrative Office, since the petitioner has been in incarceration from 27.08.2026.

5. Accordingly, this criminal original petition stands disposed of. The Registry shall return the original surety memo to the petitioner. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd Note: Issue copy of this order on 12.11.2026. __________

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CRL OP No. 32778 of 2026 To

1. The Inspector of Police Kayarlapath Police Station, Ariyalur.

2. The Judicial Magistrate No.I, Ariyalur.

3. The Section Officer, ER Section, Madras High Court.

4. The Public Prosecutor, Madras High Court, Chennai. __________

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CRL OP No. 32778 of 2026 G.K.ILANTHIRAIYAN J. nsd CRL OP No. 32778 of 2026 11-11-2026 __________

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