Ashokan v. The State rep by The Station House Officer
CRL OP/19540/2026 · 2026-07-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52034 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52034 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19540 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19540 of 2026
1. Ashokan
2. Durai ..Petitioners Vs The State rep by The Station House Officer Veppur Police Station, Cuddalore District. Crime No.219 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on baill concern in Crime No.219 of 2026 on the file of Station House Office, Veppur Police Station, Cuddalore District on such terms and conditions and as this Honble Court. For Petitioner: Mr.M.Sivakumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER The petitioners, who were arrested and remanded to judicial custody on 28.06.2026 for the alleged offences under Sections 303(2), 317(2), 287, 3(5) of B.N.S.,2023 and section 3(6) of the Motor Spirit and High Speed Diesel https://www.mhc.tn.gov.in/judis
CRL OP No. 19540 of 2026 __________ Page2 of 6 (Regulation of Supply and Distribution and Prevention of Malpractices) Order 2005, Section 7(1) (a) (ii) of the Essential Commodities Act, 1955 and Section 23 of the Petroleum Act, 1934 in Crime No.219 of 2026 on the file of the respondent police, seek bail. 2. The case of the prosecution is that when the police intercepted A1, he was found to be in possession of 100 litres of diesel from his shed. However on enquiry, Al have confessed about illegally siphoning petrol and diesel from various lorries in collusion with the driver for resale at a lower price without knowledge of the owners of the lorries respectively. Based on the confession of Al these petitioners were implicated in this case. 3. The learned counsel appearing for the petitioners submitted that the petitioner have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have been incarcerated since 28.06.2026 and further submitted that the petitioners were found in possession of 500 litres of https://www.mhc.tn.gov.in/judis
CRL OP No. 19540 of 2026 __________ Page3 of 6 petrol. Hence, he opposed the grant of bail to the Petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); though there is serious allegation against the petitioners, considering the fact that the petitioners have no criminal antecedents and upon the fact of the period of incarceration of the petitioners, and upon the further fact that the co-accused has been released on bail, this Court is of the view that further custody for the purpose of investigation is not required.
Hence, this Court is inclined to enlarge the petitioners on bail subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Court No.I, Virudhachalam, Cuddalore District, 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 19540 of 2026 __________ Page4 of 6 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m., for the period of one week and thereafter, as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22-07-2026 SHL 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. 19540 of 2026 __________ Page5 of 6 To:
1. The Judicial Magistrate Court No.I, Virudhachalam, Cuddalore District
2. The Sub- Jail, Virudhachalam, Cuddalore District
3. The Station House Officer, Veppur Police Station, Cuddalore District. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 19540 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 19540 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis