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Swaminatha Iyer v. The Inspector Of police

Madras HC21 Jul 2026CRL OP/19221/2026

Case brief

AI extract

What is this about?

Madras High Court; CRL OP No. 19221 of 2026; C. Kumarappan J.; Section 482 BNSS 2023; modification of statutory bail conditions; onerous surety condition; blood surety; bond reduced from Rs.1,00,000 to Rs.10,000; cheating case Rs.5,00,000; promise to return Rs.1 crore; CBCID Police Coimbatore; Chief Judicial Magistrate Coimbatore; Crl.M.P.No.7183 of 2026; daily reporting condition retained; two prior similar cases pending.

What did the court decide?

Bail bond condition modified from Rs.1,00,000 with two sureties (one blood surety) to Rs.10,000 with two sureties (one blood surety) each for like sum to the satisfaction of the learned Magistrate concerned; all other conditions, including daily reporting before respondent police at 10.00 a.m., remain unaltered. ¶28

Swaminatha Iyer Vs The Inspector Of police — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the statutory bail condition requiring the petitioner to execute a bond of Rs.1,00,000 with two sureties (one a blood surety) is onerous and should be modified.

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Court's answer

Considering that the petitioner allegedly received Rs.5,00,000/- in the cheating case, this Court finds that imposing the condition to furnish sureties of Rs.1,00,000/- is onerous.

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Ratio / Principle

The bond condition is modified: the petitioner shall execute a bond for Rs.10,000/- along with two sureties (out of which one should be a blood surety) each for a like sum to the satisfaction of the learned Magistrate concerned.

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Key takeaways

The other conditions imposed earlier shall remain unaltered.ratio¶27

Detailed headnote1 paragraphs

Bail condition modification - Madras High Court (C. Kumarappan, J.) allowed CRL OP No. 19221 of 2026, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, seeking modification of statutory bail conditions ordered on 13.07.2026 in Crl.M.P.No.7183 of 2026 by the Chief Judicial Magistrate, Coimbatore. Finding the condition to furnish sureties of Rs.1,00,000/- onerous in a cheating case involving an alleged receipt of Rs.5,00,000/- (with an alleged promise to return Rs.1 crore), the Court modified the condition to require a bond of Rs.10,000/- with two sureties (one a blood surety) each for like sum to the satisfaction of the learned Magistrate concerned. All other conditions, including daily appearance and signing before the respondent police at 10.00 a.m., remain unaltered. The Government Advocate's objection, founded on two pending similar cases against the petitioner, did not prevail.

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CRL OP No. 19221 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19221 of 2026

Swaminatha Iyer

..Petitioner(s)

The Inspector Of police CBCID Police, Coimbatore.

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..Respondent(s)

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PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to Modify the order dated 13.07.2026 passed in Crl.M.P.No.7183 of 2026 by the Learned Chief Judicial Magistrate, Coimbatore by setting aside the conditions directing, the petitioner / accused shall execute a bond for a sum of Rs.1,00,000/- along with Two sureties for like sum each to the satisfaction of this court among them one surety shall be a blood surety, the petitioner / accused shall appear and sign before the respondent police daily at 10.00 a.m. until further orders.

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For Petitioner(s): S.Raj Ganesh

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For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner

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seeking to modify the condition imposed in Crl.M.P.No.7183 of 2026 dated 13.07.2026 .

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Page1 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19221 of 2026

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2. The learned counsel for the petitioner submitted that the petitioner was enlarged on statutory bail on 13.07.2026 on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (rupees one lakh only) along with two sureties for like sum each to the satisfaction of this Court among them one surety shall be a blood surety. He submits that he finds it difficult to get sureties worth Rs.1,00,000/-. He further submits that because of such onerous condition, he finds it difficult to exercise his right to liberty. It is the contention of the learned counsel for the petitioner that the amount involved in this case is only Rs.5,00,000/- Hence, he prays to modify the condition.

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3. The learned Government Advocate (Crl.side) for the respondent police submits that two previous cases were pending against this petitioner which are similar in nature. Hence, she objects to modify the condition.

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4. Though the learned Government Advocate (Crl.side) objected to modify the condition, while perusing the factual position, the petitioner received a sum of Rs.5,00,000/- on the promise to return Rs.1 crore to the defacto complainant. Though such allegations are made, considering the fact that this being a cheating by receiving Rs.5,00,000/-, this Court finds that imposing condition to furnish sureties of Rs.1,00,000/- is onerous one.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19221 of 2026

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Accordingly, the condition that “the petitioner shall execute a bond

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for a sum of Rs.1,00,000/- (rupees one lakh only) along with two sureties for like sum each to the satisfaction of this Court among them one surety shall be a blood surety ” is modified to the effect that “ the petitioner shall execute a bond for a sum of Rs.10,000/- (rupees ten thousand only) along with two sureties (out of which one should be a blood surety) each for a like sum to the satisfaction of the learned Magistrate concerned”. The other conditions imposed earlier shall remain unaltered.

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