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2026 DAILYLAW 55372 (MAD)

K KUNASEELAN ALIAS GUNASEELAN v. State Of Tamilnadu Rep By Inspector Of Police, Puthukadai

CRL OP(MD)/14050/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14050 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14050 of 2026 K Kunaseelan @ Gunaseelan ... Petitioner/Accused No.3 Vs State of Tamilnadu Rep by, The Inspector of Police, Puthukadai Police Station, Kanniyakumari District. Crime No. 245 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 245 of 2026 on the file of the Respondent Police. For Petitioner : Sivakumar, Advocate. For Respondent : Mr.J.Vishnu, Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14050 of 2026 Section 1303(2) of BNS Act, 2023, in Crime No.245 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that the petitioner joining hands with the other accused involved in illegal transportation of 1 unit of M.Sand without any valid transit pass. Hence, the case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. HE further submitted that the petitioner is only the owner of the vehicle, and he is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Counsel For State of TN (Crl.Side) appearing for the respondent police, reiterated the prosecution case, and on instructions, reported that the petitioner has 1 previous case and the investigation is at preliminary stage. Hence, he opposed to grant anticipatory bail to the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14050 of 2026 petitioner. 5. I have gone through the FIR and also the connected materials. 6.Considering the nature of allegations against the petitioner, and also considering the facts that though the petitioner has 1 previous case, and transported M.sand without transit pass, he is only the owner of the vehicle, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Kuzhithurai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14050 of 2026 [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14050 of 2026 13.07.2026 dss To 1.The Judicial Magistrate No.2, Kuzhithurai. 2.The Inspector of Police, Puthukadai Police Station, Kanniyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14050 of 2026 K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.14050 of 2026 Date : 13/07/2026 6/6 https://www.mhc.tn.gov.in/judis