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2026 DAILYLAW 52082 (MAD)

Hema Arun Prakash v. The State Rep By, The Inspector of Police

CRL OP/18026/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18026 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. 18026 of 2026 Hema Arun Prakash S/o Murugan, No.16/65, L.S.Puram, Boriaha Gowder Street, Mettupalayam, Coimbatore District ..Petitioner(s) Vs The State Rep By, The Inspector of Police CSCID Police Station, Coimbatore. Crime No.130 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.130 of 2026 on the file of the respondent police. For Petitioner(s): M/S. Sasikumar R For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offences under Sections 4(1)(b), 7(1)(a), 7(1)(b) and 7(1)(c) of LPG order 2000 read with 7(1)(a)(ii) of EC Act, 1955 in Crime No.130 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18026 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner who is a commercial gas dealer, had concealed gas cylinders in a godown and cowshed in order to create a shortage and sell them at a higher price. Hence the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is a commercial gas cylinder supplier and the petitioner's possession of 375 cylinders comprising 336 empty and 39 filled cylinders was strictly within the ordinary course of his business operations. He further contended that the petitioner has not hoarded or concealed any essential commodity as alleged by the prosecution. He further submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was a dealer at Tiruppur District, whereas, he has kept all the gas cylinders at Coimbatore District. Hence, he opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 18026 of 2026 __________ Page3 of 6 6. Though serious allegations have been leveled against the petitioner, considering the fact that the petitioner is an authorized dealer with deep roots in society, and further taking into account that the Government has relaxed the restrictions on commercial LPG distributors vide D.O. Letter No. M-13017(11)/1/2026-LPG-PNG, dated 25th June 2026, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.IV, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; https://www.mhc.tn.gov.in/judis CRL OP No. 18026 of 2026 __________ Page4 of 6 (b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis CRL OP No. 18026 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.IV, Coimbatore. 2. The Inspector of Police CSCID Police Station, Coimbatore. 3. The Public Prosecutor High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 18026 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J MFA CRL OP No. 18026 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis