Ajith vs The Inspector Of Police on 6 May, 2026

                                                                            CRL OP No. 11589 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 06-05-2026
                                                        CORAM
                                  THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
                                                CRL OP No. 11589 of 2026
                Ajith
                                                                                     ..Petitioner
                                                          Vs
                The Inspector of Police,
                Valivalam Police Station,
                Nagapattinam District.
                Crime No.33 of 2026
                                                                                   ..Respondent

                Prayer: Criminal Original Petition filed under section 483 of B.N.S.S to
                enlarge the petitioner on bail in Crime No.33 of 2026 on the file of the Inspector
                of Police, Valivalam Police Station, Nagapattinam District.


                              For Petitioner:           Mr.N.Palanivel

                              For Respondent:           Mr.V.J.Priyadarsana
                                                        Government Advocate (Crl.Side)


                                                        ORDER

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

16.04.2026 for the alleged offences under Sections 123 of BNS Act (328 of

IPC) and Section 6 r/w 24(1) of Cigarette and Other Tobacco Products Act in

Crime No.33 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 found transporting

20 bundles of Hans and huge quantity of banned tobacco products on a two

wheeler. Hence, this case was registered.

3. The learned counsel appearing for the petitioner submitted that the

petitioner is innocent and has been falsely implicated in this case without any

basis. It is submitted that the petitioner is ready to cooperate with the

investigation and he will appear before the respondent police as and when

required. The learned counsel would further contend that the petitioner is ready

to abide by any condition imposed by this Court. Hence, he prayed for granting

bail to the petitioner.

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

respondent police, while opposing for grant of bail to the petitioner, reiterated

the prosecution case and submitted that the petitioner was arrested on

16.04.2026. He further submitted that there is no previous case pending against

the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that

the petitioner, without prejudice to his defense and contention, is ready and

willing to deposit an amount of Rs.10,000/- to any association. Hence, he prays

for grant of bail to the petitioner.

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6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, the nature of the

allegations and the submissions made by learned counsel on either side, and

taking note of the period of incarceration undergone by the petitioner as well as

the fact that the petitioner has volunteered to deposit a sum of Rs.10,000/- to the

credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is

inclined to grant bail to the petitioner subject to certain conditions.

8. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees

Ten Thousand only) as cost to the Tamil Nadu Advocate Clerk Association,

Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC

No.IDIB000M157 and on such deposit, the petitioner is ordered to be released

on bail on his executing 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

learned District Munsif cum Judicial Magistrate, Thirukkuvalai 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;

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[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.

06-05-2026

NSL/SHL

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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