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Madras High CourtCRL OP/12072/2026granted

Prasanth v. The State Rep.By Its The Inspector Of Police,

2026-05-13Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Prasanth S/o.Dhinadayalan, Magathma Gandhi Nagar, Nagiri Mandal, Chitoor District State of Andhra Pradesh Petitioner(s) Vs

1. The State rep.by its The Inspector of Police, Arakkonam Town Police Station, Ranipet District Crime No.165/2026 Respondent(s) PRAYER: Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner on abil pending investigation in Crime No.165/2026 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.D.Dayalan D.Nithya For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.04.2026, for the offences punishable under Sections 24(1) of COTP, 2023 and Sections 275 & 123 of BNS, 2023, in Crime No.165 of 2026, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of banned tobacco product weighing 18 kilograms. Hence, the case

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been in custody from 01.04.2026. The petitioner is innocent and has committed any offence as alleged. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and undertakes not to tamper with the witnesses. Hence, he prayed for grant of bail.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner was found in possession of banned tobacco product weighing 18 kilograms and further submitted that investigation is pending. He submitted that there is no previous case as against the petitioner. Hence, he opposed the grant of bail.

5. Heard both sides and perused the materials placed on record.

6. Considering the rival submissions on either side, nature of offence, no previous case is pending as against the petitioner and taking into consideration of the incarceration period spent by the petitioner from 01.04.2026, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Arakkonam and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10:00 am daily for a period of 30 days and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13-05-2026 dhk Index:Yes/No

Speaking/Non-speaking order Internet:Yes 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 Inspector of Police, The State Arakkonam Town Police Station, Ranipet District Crime No.165/2026 2.The Judicial Magistrate No.I Arakkonam 3.The Superintendent Sub Jail, Arakkonam 4.The Public Prosecutor, Madras High Court

P.DHANABAL J.

dhk CRL OP No. 12072 of 13-05-2026