Madras High Court
CRL OP/33044/2026 of Ganapathi Vs State rep by Inspector of Police on 11 November 2026
CRL OP No. 33044 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.33044 of 2026
CNR:{HCMA012722792026}
Ganapathi
S/o.Palanisamy,
Muruthooranpatty North Road,
Silukkuarpatty, Kodai Road, Dindugal,
Now at No.3, R.K.Sivanantham Line Veedu, Nettavelampalayam, Anagoor Post, Kumarapalayam, Namakkal District.
..Petitioner(s)
Vs
State represented by Inspector of Police All Women Police Station, Tiruchengode, Namakkal District.
Crime No.1 of 2019
..Respondent(s)
Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the return endorsement dated 28.10.2026 made on the Surety Memo in U.S.R.No.2120 of 2026 on the file of the Sessions Court, Fast Track Mahila Court, Namakkal and consequently, direct the Sessions Judge, Fast Track Mahila Court, Namakkal, to accept the sureties without insisting solvency certificate, as per Rule 14 of the Criminal Rules of Practice, 2019, in compliance with the order dated 16.09.2026 passed by this Court in Crl.M.P.No.17262 of 2026 in Crl.A.No.199 of 2026.
For Petitioner(s):
Mr.L.Ramanathan
For Respondent(s):
Mr.R.Ganesh Kumar
Additional Public Prosecutor
( Uploaded on: 13/11/2026 04:26:03 pm )
CRL OP No. 33044 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This criminal original petition has been filed seeking to set aside the return endorsement dated 28.10.2026 made on the Surety Memo in U.S.R.No.2120 of 2026 on the file of the Sessions Court, Fast Track Mahila Court, Namakkal and consequently, direct the Sessions Judge, Fast Track Mahila Court, Namakkal, to accept the sureties without insisting solvency certificate, as per Rule 14 of the Criminal Rules of Practice, 2019, in compliance with the order dated 16.09.2026 passed by this Court in Crl.M.P.No.17262 of 2026 in Crl.A.No.199 of 2026.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner, who was an accused in Spl.C.C.No.16 of 2019 on the file of the Sessions Court, Fast Track Mahila Court, Namakkal, was convicted and sentenced on 20.06.2025, against which, he preferred an appeal before this Court in Crl.A.No.199 of 2020 along with Crl.M.P.No.17262 of 2026 seeking suspension of sentence and bail and the same was ordered on 16.09.2026 with some conditions, one of which is that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the trial Court, pursuant to which, the petitioner produced
( Uploaded on: 13/11/2026 04:26:03 pm )
CRL OP No. 33044 of 2026
two sureties before the trial Court along with the surety memo in U.S.R.No.2120 of 2026, but, the same was returned for want of solvency certificate from VAO. 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 28.10.2026 made on the Surety Memo in U.S.R.No.2120 of 2026 on the file of the Sessions Court, Fast Track Mahila Court, Namakkal. Further, the Sessions Judge, Fast Track Mahila Court, Namakkal, shall accept the sureties without insisting upon the production of the solvency certificate from the Village Administrative Office.
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.
( Uploaded on: 13/11/2026 04:26:03 pm )
CRL OP No. 33044 of 2026
To
1. The Inspector of Police, All Women Police Station, Tiruchengode, Namakkal District.
2. The Sessions Judge, Fast Track Mahila Court, Namakkal.
3. The Section Officer, ER Section, Madras High Court.
4. The Public Prosecutor, Madras High Court, Chennai.
( Uploaded on: 13/11/2026 04:26:03 pm )
CRL OP No. 33044 of 2026
G.K.ILANTHIRAIYAN J. nsd CRL OP No. 33044 of 2026 11-11-2026
( Uploaded on: 13/11/2026 04:26:03 pm )