Suresh vs The State Rep By The Inspector Of Police
2026 Latest Caselaw 1938 Mad

Citation : 2026 Latest Caselaw 1938 Mad
Judgement Date : 16 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Suresh vs The State Rep By The Inspector Of Police on 16 April, 2026

                                                                                 Crl.O.P.No.9370 of 2026
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 16.04.2026

                                                           CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                 Crl.O.P.No.9370 of 2026
                  1.Suresh
                  2.Arun Kumar
                  3.Chandru                                                    ... Petitioners
                                                             Vs.

                  The State, rep. by
                  The Inspector of Police,
                  Nangavalli Police Station,
                  Salem District.
                  Crime No.50 of 2026                                          ... Respondent

                  PRAYER : Criminal Original Petition filed under Section 483 of BNSS,
                  2023, to enlarge the petitioners on bail in connection Crime No.50 of 2026
                  pending on the file of the respondent police.



                                    For Petitioners           : Mr.C.Deepak Kumar

                                    For Respondent            : Mr.S.Vinoth Kumar,
                                                                Government Advocate (Crl.Side)

                                                          ORDER

The petitioner, who was arrested and remanded to judicial custody on

26.02.2026 for the alleged offences under Sections 7, 20(1) of COTPA Act,

2003, and Sections 275, 123 and 62 of BNS in Crime No.50 of 2026 on the

file of the respondent police, seek bail.

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2. The case of the prosecution is that the petitioners were found

transporting banned tobacco products namely 351 kg of Hans and 9 kg of

Vimal Pan Masala. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners

have been falsely implicated in this case and that they have not committed

any offence as alleged by the prosecution. He further submitted that the co-

accused has already been released on bail by this Court in Crl.O.P.No.7293 of

2026 dated 27.03.2026. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent police submitted that the investigation might have been

completed.

5. Taking into consideration of the totality of the circumstances and

upon the fact that the co-accused has already been released on bail by this

Court in Crl.O.P.No.7293 of 2026 dated 27.03.2026, this Court is of the firm

view that, at this length of time, custodial interrogation of the petitioners is

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not required. Hence, this Court is inclined to enlarge the petitioners on bail,

subject to certain conditions.

6. Accordingly, the petitioners are 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-I, Mettur, and subject to the following

conditions:

[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 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 twice a day at 10.30 a.m. and 05.30 p.m. for a period of 45 days, 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

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take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners 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];