Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 48588 (MAD)

Suresh Kumar v. The State Rep by

CRL OP/18195/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18195 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18195 of 2026 Suresh Kumar S/o. Kannan, No.247(a), CAN Road, Noorulahpettai, Vaniyambodi Taluk, Tirupattur District. ..Petitioner(s) Vs The State Rep by The Sub Inspector of Police, Thimmampet Police Station, Tirupattur District. Crime No.88/2026 ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the petitioners on bail in Crime NO.88/2026 pending investigation on the file of the respondent and thus render justice. For Petitioner(s): Mr. E.Kannadasan For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who was arrested and remanded to judicial custody on 27.06.2026 for the alleged offence under Sections 6(a), 24(1) of Cigarette and Other Tobacco Products Act 2003 r/w Section 123 of BNS, 2023 in Crime No.88 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18195 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner was alleged to found in possession of 24.202 kgs of banned tobacco products. Hence, this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and opposed the grant of bail on the ground that the petitioner has two previous cases, similar in nature pending against him. Hence, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. From the submissions made by the Government Advocate (Crl.Side) it is seen that the petitioner has two previous cases of similar nature pending against. Though the petitioner has previous cases, considering the period of https://www.mhc.tn.gov.in/judis CRL OP No. 18195 of 2026 __________ Page3 of 6 incarceration since 27.06.2026, this Court is of the firm view that the petitioner’s further custodial interrogation is not required for the purpose of investigation. Accordingly, this Court is inclined to enlarge the petitioner on bail on certain conditions. At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.50,000/- as non-refundable deposit to any of the welfare scheme without prejudice to his defence. 7. 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Vaniyambodi, and on further conditions that: [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 make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the Dean, Government Medical College Hospital, Tiruppur, within a period of two weeks from the date of receipt of a copy of this order. [c] the petitioner shall report before the learned respondent police daily at 10.30 a.m., until further orders; [d] the petitioner shall not abscond either during https://www.mhc.tn.gov.in/judis CRL OP No. 18195 of 2026 __________ Page4 of 6 investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13-07-2026 DRL 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. 18195 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate, Vaniyambodi. 2. The Sub Inspector of Police, Thimmampet Police Station, Tirupattur District. 3.The Superintendent, Sub Jail, Vaniyambodi. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18195 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. DRL CRL OP No. 18195 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis