Kumuthavalli v. The State Represented by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

02.06.2026 for the alleged offences under Sections Women Missing @ 87, 127(3) of BNS and Section 5(l)(c) of ITP Act in Crime No.274 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner allegedly kidnapped the victim and wrongfully confined her in order to force her into prostitution. Hence, the case. Page2 of 5

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 02.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner has no bad antecedents and that the statement of the victim under section 183 of BNSS is yet to be recorded.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side.

¶6Though the statement of the victim under Section 183 of BNSS is yet to be recorded, considering the period of incarceration undergone by the petitioner since 02.06.2026 and the absence of any criminal antecedents, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶7Accordingly, 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 Page3 of 5 only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate, Avinashi, 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. until further orders; [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 abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07-08-2026 NSL Page4 of 5 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. To

¶1The learned Judicial Magistrate, Avinashi.

¶2Avinashi Sub Jail, Tiruppur District.

¶3The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o20748oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o20748oofo2026 07-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kumuthavalli ..Petitioner Vs The State Represented by the Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur. Crime No.274 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.274 of 2026 on the file of the respondent police. For Petitioner(s): Mr.J.Franklin For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)