Citation : 2026 Latest Caselaw 1732 Mad
Judgement Date : 9 April, 2026
Crl.O.P.No.8987 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.8987 of 2026
1.Parasuraman
2. Nandhakumar ... Petitioners
Vs.
State Rep. by its
The Inspector of Police,
Melpadi Police Station,
Vellore District.
(Cr.No.18 of 2026) … Respondent
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in
the above Cr.No.18 of 2026 on the file of the respondent.
For Petitioners : Mr.V.Sakthivel
For Respondent : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
08.03.2026 for the alleged offences under Sections 7(5), 20(2) of the
Cigarette and other Tobacco Products Act, 2003 read with Section 123 of
BNS read with Section 328 of IPC, in Crime No.18 of 2026 on the file of the
respondent police, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioners were involved in
illegal possession of 126 kgs of banned tobacco products. Hence, the case.
3. The learned counsel appearing for the petitioners submitted the
petitioners are innocents and they have been falsely implicated in this case.
He further submitted that the petitioners were remanded to judicial custody
on 08.03.2026 . Hence, he prayed for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and submitted that the
petitioners have no bad antecedents. However, he opposed for grant of bail to
the petitioners.
5. Considering the fact that the petitioners have no bad antecedents
and the totality of the circumstances and the fact that the petitioners are in
judicial custody since 08.03.2026 and for such type of offences, investigation
might have completed and that further custodial interrogation of the
petitioners does not appear to be necessary at this stage, this Court is inclined
to enlarge the petitioners on bail, subject to certain conditions.
https://www.mhc.tn.gov.in/judis
6. Accordingly, the petitioners are ordered to be released on bail on
their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with two sureties each, for a like sum to the satisfaction of
the learned Judicial Magistrate, Katpadi, 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 petitioners shall report before the respondent police twice a day at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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
https://www.mhc.tn.gov.in/judis
Kerala [(2005)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
09.04.2026 sma
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. 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.
https://www.mhc.tn.gov.in/judis
To:
1.The Judicial Magistrate, Katpadi
2.The Inspector of Police, Melpadi Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN, J.
sma
09.04.2026
https://www.mhc.tn.gov.in/judis
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