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Madras High Court
J Indhuraja vs State Rep By The Inspector Of Police on 22 May, 2026
CRL.OP.No. 13430 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2026
PRESENT
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL.O.P.No. 13430 of 2026
J.Indhuraja
S/o.Jayaraman
No.252, Pillaiyar Kovil Street
Chennasamudram
Tiruvannamalai District-606 701. ... Petitioner / Accused No.2
Vs.
The State of Tamil Nadu, Represented By:
The Inspector of Police,
Kalasapakkam Police Station
Thiruvannamalai District
Crime No. 406 of 2025. ... Respondent /Complainant
PRAYER :- The Criminal Original Petition filed under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant
pre-arrest bail to the petitioner in Crime No.406 of 2025 on the file of the
respondent police.
For Petitioner : Mr.SB.Viswanathan
For Respondent : Mr.Yogaraja Sekar
Government Advocate
(Criminal Side)
1/8
https://www.mhc.tn.gov.in/judis
CRL.OP.No. 13430 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-
police for the offences punishable under Sections 275 and 123 of the
Bharatiya Nyaya Sanhita (BNS), 2023 (273 and 328 of IPC respectively)
and 24(1) of the Cigarettes and Other Tobacco Products Act (COTPA),
2003, in Crime No.406 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that when the police were on
patrol duty, the petitioner and other accused persons were in possession
of banned tobacco products illegally, valued at approximately
Rs.2,86,890/-. Hence, the case.
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4. Mr.S.B.Viswanathan, the learned counsel for the petitioner,
submits that the petitioner is an innocent person, he has not committed
any offence as alleged by the prosecution and a false case has been
foisted against the petitioner. He, however, submits that the petitioner is
ready to abide by any conditions that may be imposed by this Court.
Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.Yogaraja Sekar, the learned Government
Advocate (Criminal Side) appearing for the respondent-police, submits
that the petitioner was found in possession of banned tobacco products
illegally, valued at approximately Rs.2,86,890/-. He further submits that
the petitioner is having five previous cases similar in nature. Accordingly,
he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Though the petitioner had five previous cases, only with a view
to give one more opportunity to the petitioner to reform himself, this
Court is inclined to grant an order of pre-arrest bail to the petitioner
subject to the following conditions:
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(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 Court, Kalasapakkam, Thiruvannamalai
District, within a period of 15 days from the date on which the order copy
is made ready, 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
District Munsif Cum Judicial Magistrate, Kalasapakkam,
Thiruvannamalai District.
(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 shall obtain a copy of any one of identity proofs to ensure
their identity.
(iii) The petitioner is directed to deposit a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) to the credit of The Director / Authorised
Officer, Government Arignar Anna Memorial Cancer Hospital,
Karaipettai, Kancheepuram, without prejudice to his rights and
contentions before the Trial Court. Only upon deposit, the learned
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Magistrate shall accept the sureties.
(iv) The petitioner shall appear and sign before the respondent-
police weekly twice I.e., on every Monday and Friday at 10.00 a.m. until
further orders.
(v) The petitioner shall make himself available for interrogation by
a police officer as and when required.
(vi) 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.
(vii) The petitioner shall also not, directly or indirectly, cause any
threat to the defacto complainant and witnesses and shall not tamper the
evidence.
(viii) The petitioner shall not leave India without the previous
permission of the Court.
(ix) The petitioner shall furnish his residential address and mobile
number to the concerned Magistrate.
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(x) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate or Trial Court, as the case may be, 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].
8. Accordingly, this Criminal Original Petition is allowed subject
to the conditions stated supra.
22-05-2026
MSM
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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To
1. The District Munsif–cum–Judicial Magistrate Court
Kalasapakkam, Thiruvannamalai District.
2. The Inspector of Police,
Kalasapakkam Police Station,
Thiruvannamalai District.
Crime No. 406 of 2025.
3. The Public Prosecutor,
High Court of Madras.
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R.SAKTHIVEL, J.
MSM
22-05-2026
https://www.mhc.tn.gov.in/judis
