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Crl.OP.No.2473 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.OP.No.2473 of 2026

1. Suresh @ Kutty

2. Vignesh @ Bingo

3. Arun Kumar @ Box

4. Saran @ Kalasaran

5. Vignesh @ Tharamani Viki

6. Gokul

7. Arul

8. Dhanush ...Petitioners

Vs.

State rep. by,

The Inspector of Police,

J-2, Adyar Police Station,

Chennai District.

Crime No.83 of 2025. ...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023,

seeking to modify the condition imposed by the IX Metropolitan Magistrate

Court, Saidapet, at Para no.3 (b) on the petitioners in Crl.M.P.No.320 of

2026 dated on 20.01.2026, on such terms and conditions.

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Crl.OP.No.2473 of 2026

For Petitioners : Mr.S.Arulselvam

For Respondent : Mr.S.Santhosh, GA(Crl. Side)

ORDER

This criminal original petition has been filed seeking to modify the

condition imposed by the IX Metropolitan Magistrate Court, Saidapet, at

Para no.3 (b) of the order dated 20.01.2026 in Crl.M.P.No.320 of 2026.

2. The brief facts are as follows:-

The petitioners are arrayed as accused in the FIR in Crime No.83 of

2025 registered on the file of the respondent-police for the offence under

Section 103(1) of BNS, which was later altered to Section 103(2) of BNS,

pursuant to the complaint given by one Sumathi and the petitioners were

subsequently arrested and remanded to judicial custody as early as on

15.10.2025. Since the final report was not filed within the prescribed period

and as the petitioners were in judicial custody for about 98 days, they moved

a statutory bail application before the IX Metropolitan Magistrate Court,

Saidapet in Crl.M.P.No.320 of 2026 and the learned Magistrate, vide order

dated 20.01.2026, granted statutory bail to the petitioners on certain

conditions and one among the said conditions is that the petitioners shall

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Crl.OP.No.2473 of 2026

each execute a bond for Rs.10,000/- with two sureties each for a like sum

and the two sureties must be local residents and with revenue solvency.

Challenging the same, the petitioners have come up with this petition.

3. Learned counsel for the petitioners submitted that the petitioners

hail from the lower socio-economic stratum of society and they are unable to

get the revenue solvency certificate, due to which, the petitioners and the

sureties could not execute the bonds. He also relied on the decision of this

Court in Crl.M.P.No.3888 of 2017 in Crl.O.P.No.2891 of 2017 dated

24.04.2017 in support of his contention that Solvency Certificate shall not be

insisted upon from the accused or from the sureties. He also submitted that

the petitioners are ready to comply with the other conditions imposed by the

Court below, vide impugned order. Accordingly, he prayed for modification

of the condition imposed by the Court below at Para no.3 (b) of the

impugned order dated 20.01.2026.

4. Learned Government Advocate (Crl. Side) appearing for the

respondent submitted that the investigation in this case has been completed

and the final report has been filed before the IX Metropolitan Magistrate

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Crl.OP.No.2473 of 2026

Court, Saidapet by way of e-filing. However, he did not dispute the above

submission made by the learned counsel for the petitioners.

5. Heard learned counsel on either side and perused the materials

available on record.

6. The petitioners were arrested on 15.10.2025 and remanded to

judicial custody on the same day. Despite statutory bail granted to the

petitioners on 20.01.2026, the petitioners are unable to come out on bail,

since the Court had imposed the condition directing them to produce two

sureties who are local residents along with revenue solvency. The petitioners

are said to be from the lower economic stratum of the society and they are

unable to arrange revenue solvency.

7.