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Madras High Court
Peer Mohamed vs State Of Tamilnadu Rep By Inspector Of ... on 10 April, 2026
CRL OP(MD). No.7195 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7195 of 2026
Peer Mohamed ... Petitioner/Accused
(Rank Not Known)
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Arumuganeri Police Station,
Thoothukudi District.
Crime No.302/2026. ... Respondent/Complainant
PRAYER :-
For Bail in Crime No.302/2026 on the file of the respondent
Police.
For Petitioner : S.Vishnuvardhan,
Advocate.
For Respondent : Mr.P.Kottaichamy,
Government Advocate (Crl.Side)
ORDER :
The Court made the following order :-
The petitioner / Accused, who was arrested and remanded to
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judicial custody on 26.03.2026 for the offence punishable under Section
24(1) of COTPA Act, 2003, and Section 77 of Juvenile Justice Act, in
Crime No.302 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.03.2026, when the
respondent police was on patrol duty, they found the petitioner was in
illegal possession of 225 grams of tobacco products with an intension to
sell it to the minors. Hence, the respondent police registered a case
against the accused for the aforesaid offences and arrested the petitioner.
Hence, this petition.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and he was falsely implicated in this case
and he has not committed any offence as alleged by the prosecution. He
would further submit that no previous case is pending against the
petitioner and he has been arrested and remanded to judicial custody on
26.03.2026. Therefore, prayed to grant bail for the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
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respondent would submit that the petitioner was found in illegal
possession of 225 grams of tobacco products and hence, he strongly
opposed to grant bail to the petitioner. However, he fairly conceded that
no previous case is pending against the petitioner.
5. This Court heard both sides and perused the materials available
on record.
6. Considering the rival submissions made by the learned counsel
on either side, nature of offence, and considering the quantity involved in
this case and no previous case is pending against the petitioner, and
considering the period of incarceration undergone by the petitioner, this
Court is inclined to grant bail to the petitioner subject to the following
conditions:
[a] Accordingly, the petitioner is ordered to be released
on bail on condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
each for a like sum to the satisfaction of the Special Court for
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Exclusive Trial of cases under POCSO Act, Thoothukudi,
and on further conditions that:
[b] the petitioner shall report before the respondent
police every Saturday at 10.30 a.m., for a period of 4 weeks
and thereafter as and when required for interrogation;
[c] the petitioner shall not commit any offence similar to
the offence of which he/she is accused, or suspected, or of the
commission of which he/she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade her from disclosing
such facts to the Court or to any police officer or tamper with
the evidence;
[f] On breach of any of the aforesaid conditions, the
learned Judicial Magistrate/Trial Court is entitled to take
appropriate action against the petitioner in accordance with
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law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 BNS.
(P D B J)
10.04.2026
dss
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P. DHANABAL,J
DSS
To
1.The Special Court for Exclusive Trial of cases under POCSO Act,
Thoothukudi.
2.The Inspector of Police,
Arumuganeri Police Station,
Thoothukudi District.
3. The Superintendent, District Jail,
Peraurani, Thoothukudi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
ORDER
IN
Date : 10/04/2026
https://www.mhc.tn.gov.in/judis
