Suresh Babu v. State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

24.07.2026 for the alleged offences under Sections 77 of JJ Act and Section 6(b), 24(1) of COTPA Act in Crime No.198 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in possession of 79.300 Kgs of banned tobacco products. Hence the case. Page2 of 5

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 24.07.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner has no bad antecedents.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side.

¶6Considering the submissions of the learned counsel for both sides, as well as the nature of the recovery, the period of incarceration undergone by the petitioner since 24.07.2026 and the absence of any criminal antecedents, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶7Accordingly, 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 each to the satisfaction of the learned Page3 of 5 Judicial Magistrate - IV, Salem, and subject to the following conditions: [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 respondent police daily at 10.30 a.m., for a period of two weeks 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07-08-2026 NSL Page4 of 5 Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The Judicial Magistrate-IV, Salem.

¶2Central Prison, Salem.

¶3The Inspector of Police, Veeranam Police Station, Salem District.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o21799oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o21799oofo2026 07-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Suresh Babu ..Petitioner(s) Vs State rep by The Inspector of Police Veeranam Police Station, Salem District. Crime No.198 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.198 of 2026, on the file of the Respondent Police. For Petitioner(s): Mr.W.Camyles Gandhi For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)