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2026 DAILYLAW 52751 (MAD)

Lakshman Kumar v. The State rep by the Inspector of Police

CRL OP/19261/2026 · 2026-07-21

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19261 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19261 of 2026 Lakshman Kumar ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Sendurai Police Station, Ariyalur District. ... Respondent(s) Crime No.160 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.160 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.C.R.Gokulvisvas For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 27.05.2026 for the alleged offences under Sections 123 and 275 of the Bharatiya Nyaya Sanhita, 2023 r/w Section 59 of the Food Safety and Standards Act and Section 6(a) and 24(i) of the Cigarette and Other Tobacco Products Act in Crime No.160 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19261 of 2026 2. The case of the prosecution is that the petitioner was found in possession of 470 Kilograms of banned tobacco products. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 27.05.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has one previous case of similar nature 5. Though the petitioner has one previous case of similar nature, considering the period of incarceration undergone by the petitioner, the fact that the contraband has been recovered from the petitioner, and also the fact that by this time, a major portion of the investigation might have been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner, without prejudice to his defence, is willing to make non 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19261 of 2026 refundable deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to any one of the welfare schemes without prejudice to his rights. 6. Accordingly, the petitioner is ordered to be released on bail on their 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 No.I, Ariyalur and subject to the following conditions: [a] the petitioner is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as non refundable to the “The Dean, Government Medical College And Hospital Ariyalur, No.1, College Road, Rajaji Nagar, Ariyalur - 621713”; [b] 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; [c] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19261 of 2026 [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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. 21.07.2026 skr 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19261 of 2026 To 1. The learned Judicial Magistrate No.I, Ariyalur 2. The Superintendent, Central Jail, Trichy 3. The Inspector of Police, Sendurai Police Station, Ariyalur District. 4. The Dean, Government Medical College And Hospital Ariyalur, No.1, College Road, Rajaji Nagar, Ariyalur – 621713. 5. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19261 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19261 of 2026 21.07.2026 6/6 https://www.mhc.tn.gov.in/judis