Balamurugan v. The State

CRL OP No. 6410 of 2026__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-03-2026CORAMTHE HON'BLE MR.JUSTICE C.KUMARAPPANCRL OP No. 6410 of 2026 Balamurugan..PetitionerVsThe State rep.by, The Inspector of Police, Anupparpalayam Police Station, Tiruppur. Cr.No.5 of 2026...RespondentPrayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail pending investigation in Cr.No.5 of 2026 on the file of the Inspector of Police, Anupparpalayam Police Station, Tiruppur. For Petitioner: Mr.P.ThineshFor Respondent: Mr.S.Vinoth KumarGovernment Advocate (Crl. Side)ORDERThe petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offence under Section 123 of BNS r/w. Section 24(1) of COTPA Act 2003 in Crime No.5 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 6410 of 2026__________Page2 of 52.

The case of the prosecution is that the petitioner was alleged to found in possession of 114 kgs of banned tobacco products. Hence, this case.3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and opposed the grant of bail on the ground that the petitioner has seven previous cases. Hence, he opposed the grant of bail to the Petitioner.5. I have given my anxious consideration to either side submissions and perused the materials available on record.6.

From the submissions made by the learned counsel on either side and also considering the long incarceration of the petitioner since 03.01.2026, this Court is of a firm view that investigation might have been completed by this time and no more custodial interrogation is required. Hence, this Court is https://www.mhc.tn.gov.in/judis CRL OP No. 6410 of 2026__________Page3 of 5inclined to enlarge the petitioner on bail on certain conditions.7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tiruppur, and on further conditions that:[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 report before the learned respondent police daily at 10.30 a.m., for a period of 30 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 https://www.mhc.tn.gov.in/judis CRL OP No. 6410 of 2026__________Page4 of 5SCC 283];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.18-03-2026SHLNote:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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 No.III, Tiruppur2. The Central Prison, Coimbatore3. The Inspector of Police, Anupparpalayam Police Station, Tiruppur.4. The Public ProsecutorHigh Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 6410 of 2026__________Page5 of 5C.KUMARAPPAN J.SHLCRL OP No. 6410 of 202618-03-2026