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2026 DAILYLAW 49125 (MAD)

Ashok Kumar v. The State rep by

CRL OP/18442/2026 · 2026-07-15

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18442 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18442 of 2026 Ashok Kumar ..Petitioner(s) Vs The State rep by The Station House Officer, Kannankurichi Police Station, Salem District. Crime No.156 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.156 of 2026 on the file of the Respondent Police. For Petitioner(s): M/s.W.Camyles Gandhi For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 01.06.2026 for the alleged offences under Section 77 of JJ Act and Section 6 (a), 6 (b), 24 (1) of COTPA Act, in Crime No.156 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner along with other accused person was found in illegal possession of 694 kg of banned tobacco products. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 18442 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 01.06.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and is ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner. 4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused person was found in possession of 694 kg of banned tobacco products. He stated that the petitioner has no criminal antecedents. He further contended that, if the petitioner is released on bail, he may indulge in similar offences. Hence, he opposed for grant of bail to the petitioner. 5.Although such a huge quantity of tobacco products was recovered, taking into consideration the fact that the petitioner has no criminal antecedents and he has been incarcerated since 01.06.2026, this Court is of the firm view that his further custody is not necessary for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.25,000/- as non-refundable deposit to any of the welfare scheme without prejudice to their defence. https://www.mhc.tn.gov.in/judis CRL OP No. 18442 of 2026 __________ Page3 of 4 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 IV, Salem, and subject to the following conditions: [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 two weeks; thereafter as and when required for interrogation; (c) the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Dean, Government Stanley Medical College and Hospital, Chennai, to comply with the conditions imposed by this Court in Crl.O.P.No.18442 of 2026 dated 15.07.2026, within two weeks from the date on which the order copy is made ready, failing which, the bail shall stand automatically cancelled. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; https://www.mhc.tn.gov.in/judis CRL OP No. 18442 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. [f] 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]; [g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 15-07-2026 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. To 1.The Judicial Magistrate IV, Salem. 2.The Superintendent of Prison, Central Prison, Salem. 3.The Station House Officer, Kannankurichi Police Station, Salem District. 4.The Public Prosecutor High Court of Madras. CRL OP No. 18442 of 2026 https://www.mhc.tn.gov.in/judis