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Madras High CourtCRL OP/8089/2026granted

Ponraj M v. The Inspector Of Police

2026-04-01Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ponraj M ..Petitioner(s) Vs Inspector of Police T-1, Ambattur Police Station, Chennai.

Crime No.73/2026.

..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail by in pending investigation in Crime No. 73 of 2026 on the file of respondent police station.

For Petitioner(s):

Mr.P.Praveen Kumar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.02.2026 for the alleged offences under Sections 274, 275 and 123 of the Bharatiya Nyaya Sanhita, 2023, read with Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 (corresponding to Sections 272, 273 and 328

of the Indian Penal Code), in Crime No.73 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with the other accused, was found in possession of 296 kilograms of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been under incarceration since 28.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. He also brought to the notice of this Court that a co-accused was granted bail by this Court vide order dated 24.03.2026 in Crl.O.P.No.7376 of 2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner is involved in three previous cases.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, and the fact that the co-accused has already been enlarged on bail vide order dated 24.03.2026 in Crl.O.P.No.7376 of 2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. Accordingly, the petitioner is 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, Ambattur, Chennai 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 petitioner shall sign before the respondent police twice a day at 10.30 a.m. and 05.30 a.m. for a period of 15 days and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

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

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

01-04-2026 Index: Yes/No Speaking/Non-speaking order Jeni 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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Ambattur, Chennai. 2.The Superintendent, Central Prison Puzhal-II, Chennai. 3.The Inspector of Police, T-1, Ambattur Police Station, Chennai. 4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 01-04-2026