Duraisamy v. State Rep.by, The Inspector of Police
CRL OP/17334/2026 · 2026-07-08
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 46488 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46488 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 17334 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17334 of 2026 Duraisamy ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Sulur Police Station, Coimbatore. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Cr.No.477 of 2026 pending investigation on the file of the respondent Police. For Petitioner(s): Mr.T.Balaji For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 07.06.2026 for the alleged offences under Sections 77 of Juvenile Justice Act and 4 (1) (C) of TNP Act, in Crime No.477 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner was found in possession of twenty-six Tasmac liquor bottles for the purpose of selling them to the general public. Hence the case. https://www.mhc.tn.gov.in/judis
CRL OP No. 17334 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 07.06.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that five previous cases have been registered against the petitioner, of which one is similar in nature. Hence, he opposed for grant of bail to the petitioner. 5.Considering the fact the petitioner has been remanded to judicial custody for the possession of twenty-six liquor bottles, his incarceration since 07.06.2026, has to be viewed in favor of the petitioner, as it outweighs the gravity. Hence, this court is of the firm view that his further custody is not necessary for the purpose of investigation. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. 6.
Accordingly, 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 only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, and subject to the following conditions: https://www.mhc.tn.gov.in/judis
CRL OP No. 17334 of 2026 __________ Page3 of 4 [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. for a period of thirty days; thereafter as and when required for interrogation; [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. 08-07-2026 ep Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All 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. https://www.mhc.tn.gov.in/judis
CRL OP No. 17334 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. EP To 1.The Judicial Magistrate, Sulur.
2.The Superintendent of Prison, Central Prison, Coimbatore. 3.The Inspector of Police, Sulur Police Station, Coimbatore. 4.The Public Prosecutor High Court of Madras. CRL OP No. 17334 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis