Balamurugan v. The Stat Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3972 of 2026 Balamurugan ... Petitioner Vs.

State rep by The Inspector of Police, Anupparpalayam Police Station, Tiruppur.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Cr.No.5 of 2026 on the file of the Inspector of Police, Anupparpalayam Police Station, Tiruppur.

For Petitioner : Mr.P.Thinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offence under Section 123 of BNS r/w 24(1) of COTPA Act of 2023 in Cr.No.5 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner is alleged to have been found in illegal possession of 114 kgs of banned tobacco products and in order to sell the same to public at large to make an unlawful gain through illegal means, which led to registration of the case and subsequently, the petitioner was arrested. Hence, the present petition has been filed seeking bail.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate with the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having bad antecedents of eight previous cases, out of which, seven cases are similar in nature and other one is under Section 506(i) of IPC. He further submitted that the investigation is pending in this case. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/4

6. Considering the nature of allegations and the gravity of the offence committed by the petitioner, the petitioner is having some bad antecedents and also the investigation in this case is pending. Hence, I am not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 18.02.2026 Vv To

1. The Judicial Magistrate-III, Tiruppur.

2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.3972 of 2026 18.02.2026 4/4