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Madras High Court
S Ajith (A) Mukka vs State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No. 13505 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13505 of 2026
S.Ajith @ Mukka
S/o.Sivananam,
No.42/44, 1st Vaniyankula Street,
Tiruvannamalai Town,
Tiruvannamalai District.
..Petitioner/Accused No.4
Vs
State rep by the Inspector of Police
Tiruvannamalai Town Police Station,
Tiruvannamalai District.
(Crime No.66/2026)
..Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.66 of 2026 on the file of the respondent police
station.
For Petitioner(s): Mr.E.Sathiyaraj Elangovan
For Respondent(s): Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023’
praying to grant an order of pre-arrest bail to him.
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2. The petitioner/Accused No.4, apprehends arrest at the hands of the
respondent police for the alleged offences punishable under Sections 123, 278,
62 of Bharatiya Nyaya Sanhita, 2023 and Section 77 of Juvenile Justice (Care
and Protection of Children) Act in Crime No.66 of 2026 on the file of the
respondent police.
3. The case of the prosecution is that the petitioner along with other
accused was found in illegal possession of intoxicating tablets and Tapentadol
tablets. Hence, the case.
4. The learned counsel for the petitioner submitted that the petitioner is an
innocent person and has not committed any offence as alleged by the
prosecution. Based on the confession of co-accused, the petitioner has been
falsely implicated in this case. He further submitted that Tapentadol tablets have
been recovered from Accused No.1. He further submitted that the
co-accused/A3 has been granted bail by this Court in Crl.O.P.No.7978 of 2026
on 30.03.2026 and Accused No.2 was released on bail in Crl.M.P.No.709 of
2026 by the learned Principal District and Sessions Judge, Tiruvannamalai.
Hence, he prayed to grant an order of pre-arrest bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the
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respondent police submitted that the petitioner along with other accused was
found in illegal possession of intoxicating tablets and Tapentadol tablets. He
further submitted that Tapentadol tablets have been recovered from Accused
No.1. He further submitted that the petitioner has got three previous cases. He
further submitted that the co-accused/A3 has been granted bail by this Court in
Crl.O.P.No.7978 of 2026 on 30.03.2026 and Accused No.2 was released on bail
in Crl.M.P.No.709 of 2026 by the learned Principal District and Sessions Judge,
Tiruvannamalai. Hence, he prayed to dismiss this Criminal Original Petition.
6.Heard both sides. This Court has perused the records.
7.Considering the above facts and circumstances of the case, the nature of
the offence alleged to have been committed by the petitioner, this Court is
inclined to grant an order of pre-arrest bail to the petitioner subject to the
following conditions:
(i) The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned Judicial Magistrate No.I,
Tiruvannamalai, within a period of 15 days from the date of receipt of a copy
of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only), along with two sureties each for a like sum of Rs.10,000/-
(Rupees Ten Thousand Only) to the satisfaction of the learned Judicial
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Magistrate No.I, Tiruvannamalai;
(ii) 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 Judicial Magistrate – I, Tiruvannamalai
shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall appear and sign before the respondent
Police, daily at 10.00 a.m., until further orders;
(iv) The petitioner shall make himself available for interrogation by
police as and when required;
(v) The petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer;
(vi) The petitioner shall not leave India without the prior permission of
the Jurisdictional Judicial Magistrate Court/Trial Court; and
(vii) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate – I, Tiruvannamalai/Trial Judge is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by themselves as laid down by the
Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC
5560].
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8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RSI/DH
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.
To
1.The Judicial Magistrate No.I,
Tiruvannamalai.
2.The Inspector of Police
No.42/44, 1st Vaniyankula Street,
Tiruvannamalai Town, Tiruvannamalai District.
Tiruvannamalai Town Police Station,
Tiruvannamalai District.
3.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL, J.
RSI
22-05-2026
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