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Madras High Court
Agash Alias Akash vs State Rep By, The Inspector Of Police on 22 May, 2026
Crl.O.P.No.13411 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
Crl.O.P.No.13411 of 2026
Agash @ Akash
S/o.Paramasivam ...Petitioner/Accused-2
Vs.
The State rep. By its
The Inspector of Police,
Tiruvennainallur Police Station,
Villupuram District.
(Crime No.244 of 2026) ...Respondent/ Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
Petitioner on pre-arrest bail in the event of his arrest in Crime No.244 of
2026 on the file of the Respondent Police.
For Petitioner : Mr.R.Raji
For Respondent : Mr.S.Yogaraja Sekar
Government Advocate (Criminal Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13411 of 2026
ORDER
This Criminal Original Petition has been filed by the Petitioner on
19.05.2026 for the alleged offence under Sections 303(2) and 326 (a) of
the Bharatiya Nyaya Sanhita, 2023, in Crime No.244 of 2026, praying to
grant an order of pre-arrest bail.
2.The case of prosecution is that on 07.05.2026 as per secret
information, when the Respondent Police went to patrol at that time, the
Respondent Police intervened the Vehicle bearing Registration No.TN 11
F 0529, the accused transported ½ units of sand without valid permit from
the Government. Hence, the complaint.
3.The learned Counsel appearing for Petitioner submitted that the
Petitioner has not at all committed any of offence as alleged by the
Respondent Police and he has been falsely implicated in this case and he
will abide by any condition that may be imposed by this court. Hence, he
prayed to grant an order of pre-arrest bail to the Petitioner.
4.The learned Government Advocate (Crl. Side) appearing for
Respondent Police submitted that there was no previous case against the
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Petitioner/Accused-2. Further, the Respondent-Police seized the vehicle
bearing Registration No.TN 11 F 0529. He further submitted that the
accused were transported ½ units of sand without valid permit from the
Government. Hence, he opposed to grant pre-arrest bail to the Petitioner.
5.Considering the facts and circumstances and the fact the
Petitioner has no previous case and with a view to give one more
opportunity to the Petitioner to reform himself, this Court is inclined to
grant pre-arrest bail to the Petitioner subject to the following conditions:
(i) The Petitioner shall be released on pre-arrest bail in the event of
his arrest or in the event of his surrender before the learned District
Munsif cum Judicial Magistrate, Tiruvennainallur within a period of 15
days from today, on executing a bond for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only), along with two sureties each for a like sum
of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of
the learned District Munsif cum Judicial Magistrate, Tiruvennainallur;
(ii) The Petitioner shall appear and sign before the Respondent-
Police, everyday at 10.00 a.m., until further orders;
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(iii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019]. The learned District
Munsif cum Judicial Magistrate, Tiruvennainallur shall obtain a copy of
any one of their identity proofs to ensure their identity;
(iv) The Petitioner shall furnish his residence address and mobile
number to the learned District Munsif cum Judicial Magistrate,
Tiruvennainallur.
(v) The Petitioner shall not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the
evidence.
(vi) On breach of any of the aforementioned conditions, the learned
District Munsif cum Judicial Magistrate, Tiruvennainallur is entitled to
pass appropriate orders against the Petitioner in accordance with law as if
the aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
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6.Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026
Index : Yes/No
Internet : Yes/No
Neutral citation : Yes/No
pam
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 official
website of this Court will be watermarked and will also have
a QR code.
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R.SAKTHIVEL. J.
pam
To
1.The District Munsif cum Judicial Magistrate,
Tiruvennainallur.
2.The Inspector of Police,
Tiruvennainallur Police Station,
Villupuram District.
3.The Public Prosecutor,
High Court of Madras.
22.05.2026
https://www.mhc.tn.gov.in/judis
