← Library
Madras High CourtCRL OP/13505/2026granted

S Ajith (A) Mukka v. State Rep By The Inspector Of Police

2026-05-22Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL 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.

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

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

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].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order 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.

R.SAKTHIVEL, J.

RSI 22-05-2026