Citation : 2026 Latest Caselaw 1998 Mad
Judgement Date : 17 April, 2026
CRL OP(MD). No. 7486 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 17.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 7486 of 2026
Vignesh @ Vicky ...Petitioner/Accused
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Thiruchendur Police Station,
Thoothukudi.
(Crime No. 248 of 2026 ) ...Respondent/Complainant
For Petitioner : Mr.J.Joseph Zinoson
Advocate.
For Respondent : Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No. 248 of 2026 on the file of the respondent police.
ORDER :
The Court made the following order :-
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The petitioner / Accused, who was arrested and remanded to
judicial custody on 27.03.2026 for the offences punishable under Section
123 of BNS, 2023 and Section 24(1) of COTPA in Crime No. 248 of
2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 27.03.2026, when the
respondent police were on surveillance, they found that the petitioner
was transporting 159.075 grams of banned tobacco products in his
vehicle. Hence the case.
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 he has been arrested and remanded to judicial
custody on 27.03.2026. Therefore, prayed to grant bail for the petitioner.
4. The learned Additional Public Prosecutor appearing for the
respondent would submit that the petitioner was transporting 159.075
grams of banned tobacco products, due to which the case has been
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registered under Section 123 of BNS, 2023 and Section 24(1) of COTPA
in Crime No. 248 of 2026. He would further submit that the petitioner
has no previous case. He would further submit that the investigation is
pending and the offences are grave in nature and hence, he strongly
opposed to grant bail to 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 facts that the
quantity of contraband involved in this case, and the petitioner has no
previous case and also 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
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each for a like sum to the satisfaction of the learned Judicial
Magistrate, Thiruchendur, and on further conditions that:
[b] the petitioner shall report before the respondent
police on every Saturday at 10.30 a.m., for a period of four
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) 17.04.2026 apd
To
1.The Judicial Magistrate, Thiruchendur.
2.The Inspector of Police, Thiruchendur Police Station, Thoothukudi.
3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J
apd
ORDER IN
Date : 17.04.2026
https://www.mhc.tn.gov.in/judis
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