Ilaiyaraja vs State Rep By The Inspector Of Police
2026 Latest Caselaw 1739 Mad

Citation : 2026 Latest Caselaw 1739 Mad
Judgement Date : 9 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Ilaiyaraja vs State Rep By The Inspector Of Police on 9 April, 2026

                                                                                Crl.O.P.No.9003 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.9003 of 2026

                  Ilaiyaraja                                                  ... Petitioner
                                                          Vs.

                  State Rep. by its
                  The Inspector of Police,
                  K.G.Chavadi Police Station,
                  Coimbatore District.
                  (Cr.No.70 of 2026)                                          … Respondent

                  PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
                  Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in
                  the above Cr.No.70 of 2026 on the file of the respondent.
                                    For Petitioner   : Mr.M.N.Balakrishnan
                                    For Respondent    : Mr.S.Vinoth Kumar,
                                                        Government Advocate (Crl.Side)

                                                       ORDER

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

24.03.2026 for the alleged offences under Sections 24(1) of Cigarette and

other Tobacco Products Act, 2003 read with Section 123 and Section 62 of

BNS, 2023, in Crime No.70 of 2026 on the file of the respondent police,

seeks bail.

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2. The case of the prosecution is that the petitioner was involved in

illegal possession of 36.6 kgs of banned tobacco products. Hence, the case.

3. The learned counsel appearing for the petitioner submitted the

petitioner is an innocent person and he has been falsely implicated in this

case. He further submitted that the petitioner was remanded to judicial

custody on 24.03.2026 . Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police reiterated the prosecution case and submitted that the

petitioner has six previous cases, out of which, four of them have been

disposed of and in two cases, he got convicted and paid the fine.

5. Though there are six previous cases against the petitioner,

considering the totality of the circumstances and the fact that the petitioner

has been in judicial custody since 24.03.2026 and for such type of offences,

investigation might have completed by this time, and that further custodial

interrogation of the petitioner does not appear to be necessary at this stage,

this Court is inclined to enlarge the petitioner on bail, subject to certain

conditions.

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6. Accordingly, the petitioner is ordered to be released on bail on her

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 No.IV, Coimbatore, 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 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 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

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the Hon'ble Supreme Court in P.K.Shaji vs. State of 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.

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