Guruchandar Nikilesh vs The State of Tamilnadu, Rep. by the Inspector of Police, CCD-III Police Station, Madurai City.

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2026 Supreme(Online)(Mad) 19410

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Guruchandar Nikilesh – Appellant
Versus
The State of Tamilnadu, Rep. by the Inspector of Police, CCD-III Police Station, Madurai City. – Respondent
Crl.OP.(MD)No.4537 of 2026

Advocates:
For the Appellants/Petitioners: M/s.N.Pragalathan
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

Important Points

A solvency certificate is not required for surety acceptance in cases outside bail applications.

Subject

Criminal Law - Bail and Sureties

Act Referred

BNSS Act: S.528

Headnote

The judgment involves a petition under Section 528 of the BNSS Act, 2023, directing the Judicial Magistrate to accept furnished surety without a solvency certificate. The petitioner, a victim of digital arrest, seeks return of cash recovered. The court referenced Crl.O.P.No.23222 of 2024, establishing that solvency certificates are only required for bail applications. Consequently, the petition is allowed as prayed, affirming prior court orders.

Table of Content
1. petition requests for acceptance of surety without solvency. (Para 1 , 2 , 3)
2. final ruling in favor of the petitioner. (Para 5)

ORDER

The present petition has been filed seeking a direction as against the learned Judicial Magistrate No.I, Madurai to accept the surety which were already furnished and without insisting for the solvency certificate from the surety in Crl.MP.No.4435 of 2024 on the file of the learned Judicial Magistrate No.I, Madurai.

2. The petitioner is a victim of digital arrest and the accused person was arrested and the entire amount to a tune of Rs.1,74,768.30/- has been recovered and it is in the Court deposit.

3. The petitioner has filed Crl.M.P.No.4435 of 2024 for return of the said cash amount. At that point of time, when the petitioner has offered surety, the Court has insisted for solvency certificate also. Hence the present petition. 4. The learned Counsel appearing for the petitioner has relied upon the order of this Court in Crl.O.P.No.23222 of 2024 dated 23.09.2024 wherien this Court has held that the solvency certificate can be insisted only for Bail/Anticipatory bail application as contemplated under Rule 14 of Criminal Rules of Practice and has directed the learned Judicial Magistrate not to insist for the solvency certificate.

5. In view of the above said facts, the Criminal Original Petition is allowed as prayed for.

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The learned Judicial Magistrate No.1, Madurai.

2. The Inspector of Police, CCD-III Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.4537 of 2026

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