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Madras High CourtCRL OP/16697/2026disposed of

M.Soundararajan v. State By It The Additional Superintendent Of Police

2026-07-01Honourable Mr.Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Soundarajan S/o.Muthualagu, R/o.No.26/4, Bharathi Nagar, Bharathi Salai, New Perungalathur, Chennai.- 600 048, Tamilnadu.

..Petitioner / A4 Vs State by it the Additional Superintendent of Police Economic Offence Wing, HQRS, Ashok Nagar, Chennai - 600 083.

..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direct the learned Special Judge for TNPID Act, Chennai, set aside the docket order and to number the bail petition filed by the petitioner in Crl.M.P.(SR) No.333 of 2026 in C.C.No.10/2023 on its file which was returned on 06.02.2026 and decide on merits. For Petitioner(s):

Mr.J.Arokhiaraj D.Benny For Respondent(s):

Mr.R.Rajasekaran Government Advocate (Criminal Side)

ORDER

The Criminal Original Petition has been filed challenging the docket order by which the bail petition filed by the petitioner, who is an accused in C.C.No.10 of 2023, was rejected as not maintainable.

2. The learned counsel for the petitioner submitted that the petitioner, being an accused who is presently under incarceration, is entitled to file a bail application notwithstanding the fact that an earlier bail application had been dismissed. According to the learned counsel, merely because there are a large number of complaints against the petitioner, the bail application cannot be rejected without even being numbered.

3. Per contra, the learned Government Advocate (Criminal Side) submitted that the petitioner had not properly disclosed the details of the earlier bail applications filed by him. The said contention was refuted by the learned counsel for the petitioner, who submitted that the bail application had been properly filed.

4. Be that as it may, the petitioner being an accused in this case, is entitled to file a bail application. Even if the application is not considered

deserving of relief, it has to be numbered and dealt with in the manner known to law by passing appropriate orders on merits. Therefore, the grievance of the petitioner can be redressed by issuing the following directions: (i) The petitioner shall file a fresh bail application before the learned Special Judge, TNPID Cases, Chennai, duly disclosing all the earlier bail orders as well as the orders passed by this Court, including the present docket order.

(ii) Upon such filing, the bail application shall be numbered and taken on file. Thereafter, after affording an opportunity to the prosecution and any other person opposing the grant of bail, the learned Special Judge, TNPID Cases, Chennai, shall consider and dispose of the bail application in accordance with law and on its own merits.

5. With the above directions, the Criminal Original Petition stands disposed of.

01-07-2026 av

To

1. The learned Special Judge, TNPID Cases, Chennai.

2. The Additional Superintendent of Police, Economic Offence Wing, HQRS, Ashok Nagar, Chennai.

3. Public Prosecutor, Madras High Court.

D.BHARATHA CHAKRAVARTHY, J.

av 01-07-2026