Valarmathy v. The State Rep by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

24.06.2026 for the alleged offences under Sections 316(2), 318(4) of the BNS Act, in Crime No.262 of 2026 on the file of the respondent police, seek bail. Page2 of 6

¶2The case of the prosecution is that the petitioner, along with other accused persons, cheated 118 victims and received Rs. 8.5 Crores on the pretext of leasing out properties through OLX. Hence, the case was registered against them.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution, and they were merely employees working under A1 with no knowledge of the fraudulent activities committed by A1 and others. He further submitted that the petitioners have been incarcerated since 24.06.2026 and have no criminal antecedents. He also submitted that a co-accused has already been granted bail by this Court in Crl.O.P. No.18608 dated 16.07.2026. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioners.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are about 10 accused persons in this case, and the petitioners are arrayed as A6 and A7. He further submitted that the petitioners had received Rs. 9,00,000/- from the de facto complainant. Hence, he opposed Page3 of 6 the grant of bail to the petitioners.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case and taking note of the submissions made by the learned Government Advocate (Criminal Side), it appears that although serious allegations have been made, they are primarily directed against A1, and only a limited overt act has been attributed to these petitioners. Therefore, considering the fact that the petitioners have been incarcerated since 24.06.2026 and a co-accused has already been granted bail by this Court, this Court is of the considered view that the further incarceration of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 XVIII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship Page4 of 6 [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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27-07-2026 GBI Page5 of 6 Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The State rep by the Inspector of Police J-7 Velachery Police Station, Chennai District. Crime No.262 of 2026

3.The Special Women Prison, Puzhal, Chennai.

4.The Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19220oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19220oofo2026 27-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Valarmathy 2. Sathishkumar ..Petitioner(s) Vs The State rep by the Inspector of Police J-7 Velachery Police Station, Chennai District. Crime No.262 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to Enlarge this petitioner on bail in Crime No.262 of 2026 pending on the file of respondent and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case For Petitioner(s): Mr.V.Jaisankar For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)