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2026 DAILYLAW 22366 (MAD)

Mukilan v. The State of Tamilnadu

CRL OP(MD)/6998/2026 · 2026-04-09

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 6998 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6998 of 2026 1.Mukilan 2.Johnson ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, IWCID-Thanjavur Range, Thanjavur District. (Crime No.2 of 2026) ...Respondent/Complainant For Petitioner:Mr.S.Kasirajan For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 2 of 2026 on the file of the respondent police. 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 ORDER : The Court made the following order :- The petitioners / accused, who were arrested and remanded to judicial custody on 08.02.2026 for the offences punishable under Section 305(d) of BNS and 35(1)(e) and 106(1) of BNSS, in Crime No.2 of 2026 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 06.02.2026, based on the secret information from an informant, the respondent police intercepted a suspiciously stationary vehicle near the large empty field beside the national highway connection Thanjavur to Chennai. On search, he came to know that the petitioners and other accused illegally smuggled antique sculptures. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 persons and they were falsely implicated in this case and they are no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that the co-accused was already released on bail by this Court. The petitioners have been arrested and remanded to judicial custody on 08.02.2026. Hence, he prays to grant bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the property has been recovered and investigation is completed. He would further submit that the petitioner has no previous cases. However, he opposed to grant bail to the petitioners. 5. This Court heard both sides and perused the materials available on record. 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 6. Considering the rival submissions made by the learned counsel on either side, nature of offence and considering the fact that the property has been recovered and no previous case pending against the petitioners and the co- accused was already granted bail by this Court and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Chief Judicial Magistrate, Kumbakonam, and on further conditions that: 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 [b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioners shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (P D B J) 09.04.2026 vsg 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 To 1.The learned Additional Chief Judicial Magistrate, Kumbakonam. 2.The Inspector of Police, IWCID-Thanjavur Range, Thanjavur District. 3.The Officer-in-Charge, Sub Jail, Kumbakonam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6998 of 2026 P. DHANABAL, J vsg ORDER IN CRL OP(MD) No. 6998 of 2026 Date : 09.04.2026 8/8 https://www.mhc.tn.gov.in/judis