CRL OP/10432/2026 of Balu Vs The State Rep By The Station house Officer
CRL OP No. 10432 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA
CRL OP No. 10432 of 2026
Balu
..Petitioner(s)
Vs
The State Rep By The Station house Officer
Neyveli township Police Station,
Cuddalore District.
Crime No. 58/2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in
connection with Crime No. 58 of 202 6, pending investigation on the file of the
respondent Police.
For Petitioner(s): Mr.K.Gandhi Kumar
For Respondent(s): Mr.S.Vinoth Kumar,
Govt. Advocate (Crl.Side)
ORDER
Petition seeking bail in respect of Crime No.58 of 2026 registered for the
offences punishable under Sections 123 and 275 of BNS r/w Section 24(1) of
COPTA, is on board for consideration.
https://www.mhc.tn.gov.in/judis
CRL OP No. 10432 of 2026
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2. The learned counsel for the petitioner, pleading innocence on the
part of the petitioner, who has been in incarceration since 28.02.2026 and false
implication in the case, seeks indulgence of this Court. He also submits that the
petitioner, without prejudice to the defence and contention, is ready and willing
to deposit a sum of Rs.30,000/- to any welfare scheme of the Government or
any other organization. He also submits that the petitioner, aged about 58 years,
is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as put forth by the learned Government
Advocate (Criminal Side) appearing for the respondent police, opposing for
grant of bail, is that the accused was found to be in illegal possession of 305
kgs. of banned tobacco products. He further submits that no previous case is
pending against the petitioner.
4. Considering the voluntary submission made by the learned counsel
for the petitioner, the petitioner is directed to deposit a sum of Rs.30,000/-
(Rupees Thirty Thousand only) by way of RTGS/NEFT to the credit of
"The Dean/Medical Officer, Government Medical College Hospital,
Cuddalore", without prejudice to the right of defence before the trial Court and
making it clear that it would not amount to admission of guilt.
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CRL OP No. 10432 of 2026
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5. Further, having heard the learned counsel for the petitioner and the
learned Government Advocate (Criminal Side) for the respondent Police and
perused the materials available on record, this Court is inclined to grant bail to
the petitioner with certain conditions and accordingly, the petitioner is ordered
to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) with two sureties, each for a like sum to the
satisfaction of the learned Principal District and Sessions Judge, Cuddalore
and on further conditions that:
[a] the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the Magistrate
may obtain a copy of their Aadhar card or Bank pass Book
to ensure their identity;
[b] the petitioner shall report before the respondent
Police, everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with evidence or witness
either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the
learned 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];
https://www.mhc.tn.gov.in/judis
CRL OP No. 10432 of 2026
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[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 of B.N.S.
28-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VKR
Note:
1. Registry is directed to forthwith upload this
order on the Official Website of this Court.
2. All concerned to act on this order being
uploaded on Official Website of this Court
without insisting on certified hard copies.
To be noted, this order, when uploaded on
the official website of this Court, will be
watermarked and will also have a QR code.
To
1. The Principal District and Sessions Judge,
Cuddalore.
2. The Station house Officer
Neyveli township Police Station,
Cuddalore District.
3. The Superintendent,
Central Prison, Cuddalore.
4. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CRL OP No. 10432 of 2026
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A.D.JAGADISH CHANDIRA, J.
VKR
CRL OP No. 10432 of 2026
28-04-2026
https://www.mhc.tn.gov.in/judis