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2026 DAILYLAW 60917 (MAD)

Pushparaj v. State Rep By, Inspector of Police

CRL OP/21548/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21548 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21548 of 2026 Pushparaj ..Petitioner Vs State Rep By, Inspector of Police, Veraiyur Police Station, Thiruvannamalaif District. [Crime No.94 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to order enlarge the petitioner on bail in the event of his arrest in Crime No.94 of 2026 pending investigation on the file of the Respondent. For Petitioner: Mr.M.Ragavan For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 123, 275 of BNS and under Section 24(1) of COTPA Act, 2003 in Crime No.94 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21548 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner, who is the driver of a Tamil Nadu State Transport Corporation (TNSTC) bus bearing registration No. TN 32 N 4888, along with the co-accused conductor, was found in illegal possession of 60 packets of the banned tobacco product, HANS. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution's case and submits that there are no adverse antecedents against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6. Considering the totality of the circumstances and the submission made by the learned Government Advocate (Criminal Side) that there are no adverse antecedents against the petitioner, this Court is of the firm view that custodial https://www.mhc.tn.gov.in/judis CRL OP No. 21548 of 2026 __________ Page3 of 5 interrogation of the petitioner is not required at this stage. 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-I, Thiruvannamalai 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; (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 identify proofs to ensure their identity; (c) 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 interrogation; https://www.mhc.tn.gov.in/judis CRL OP No. 21548 of 2026 __________ Page4 of 5 (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 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. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA To 1.The Judicial Magistrate-I, Thiruvannamalai. 2.Inspector of Police, Veraiyur Police Station, Thiruvannamalaif District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21548 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. VEDA CRL OP No. 21548 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis