Sathish v. State

Crl.O.P.No.13863 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.05.2026CORAMTHE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQCrl.O.P.No.13863 of 2026Sathish ...PetitionerVs.State rep. by, The Inspector of Police, Avinankudi Police Station, Cuddalore District.(Crime No.54 of 2026) ...RespondentPrayer: Criminal Original Petition filed under Section 483 of BNSS, seeking to enlarge the petitioner on bail in connection with Crime No.54 of 2026 on the file of the Respondent police, Cuddalore District. For Petitioner: Mr.S.KannanFor Respondent: Mr.R.Ganesh Kumar Government Advocate (Criminal Side)ORDERPetition seeking bail in respect of Crime No.54 of 2026 registered for the offences punishable under Sections 288, 123 and 275 of BNS, 2023, (286, 328, 273 of I.P.C) Section 24(1) of COTPA Act, 2003 is on board for consideration. Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13863 of 20262. Learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 06.05.2026 and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, other co-accused have already been granted bail by this Court vide order dated 13.05.2026 in Crl.OP.No.12356 of 2026. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant bail to the petitioner. 3. The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner/A2, along with other accused, was found in illegal possession of Hans Ponch, Vimal pan Masala, Cool Lip and V-1 Tobacco Ponch intended for sale and that there is no previous case pending against the petitioner.4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) for the respondent Police and perused Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13863 of 2026the materials available on record and considering the nature of offence and also the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 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 Judicial Magistrate, Tittagudi, Cuddalore District 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, daily 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 Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13863 of 2026Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.27.05.2026vm/spNote: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 in the official website of this Court will be watermarked and will also have a QR code. Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13863 of 2026To:1.The Judicial Magistrate, Tittagudi, Cuddalore District.2. The Superintendent, Central Prison, Cuddalore District.3.The Inspector of Police, Avinankudi Police Station, Cuddalore District.4.The Public Prosecutor, High Court, Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13863 of 2026MOHAMMED SHAFFIQ, J.vm/spCrl.O.P.No.13863 of 202627.05.2026Page No.6 of 6