Citation : 2026 Latest Caselaw 2354 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11628 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Dated : 06.05.2026
PRESENT
The HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP.No.11628 of 2026
Ishravel @ Ishravel Ebinesar ... Petitioner
Vs.
State of Tamil Nadu,
Represented by the Inspector of Police,
D2 – Selvapuram Police Station,
Coimbatore District.
(Crime No.86 of 2026) ... Respondent
For Petitioner : Mr.A.Murugavel
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl. side)
PETITION FOR BAIL Under Sec.483 of BNSS, 2023.
PRAYER :- For Bail in Cr.No. 86 of 2026 on the file of the respondent police.
ORDER
The petitioner/sole accused, who was arrested and remanded to judicial
custody on 08.04.2026 for the offences punishable under Sections 24(1) COTPA
and 123 of BNS in Crime No.86 of 2026, on the file of the respondent police,
seeks bail.
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2.The case of the prosecution is that based on a secret information
received, the respondent police conducted an inspection and, at that time, the
petitioner is illegally found in possession of 523 Kgs. of banned tobacco
products in the vehicle. Hence, this case has been registered.
3. The learned counsel for the petitioner submits that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. However, he has been arrested and he is languishing in jail from
08.04.2026. Therefore, he prays for grant of bail.
4. The learned Government Advocate (Crl. side) appearing for the
respondent police, on instructions, submits that on the date of occurrence, the
accused had involved in transportation of 523 Kgs. of banned tobacco products
in the vehicle. Except the present case, the petitioner is having two previous
cases of the similar nature. Hence, the learned counsel has opposed for grant of
bail.
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.50,000/- to any association. Hence, he prays
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for grant of bail to the petitioner.
6.Considering the facts and circumstances and considering the period of
incarceration already undergone and also taking note of the fact that the
petitioner has come forward to deposit an amount of Rs.50,000/- to the credit
of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is
inclined to enlarge the petitioner on bail, subject to certain conditions.
7. Accordingly, the petitioner shall pay a sum of Rs.50,000/- (Rupees
Fifty Thousand only) as costs to the Tamil Nadu Advocate Clerk Association,
Chennai and on such payment, the petitioner is ordered to be released on bail,
on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties for a like sum each, to the satisfaction of the learned Judicial
Magistrate-V, Coimbatore, and on further conditions:
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;
c)the petitioner shall not tamper with evidence or witness;
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d)the petitioner shall not abscond during trial;
e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with 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].
f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
8. With the above directions, the Criminal Original Petition is allowed.
06.05.2026 rli
Note to office:
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.
TO
1.The Judicial Magistrate-V Coimbatore.
https://www.mhc.tn.gov.in/judis
2. The Central Prison, Coimbatore.
3.The Inspector of Police, D2 – Selvapuram Police Station, Coimbatore District.
4.The Additional Public Prosecutor, Madras High Court,Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI,J
rli
ORDER IN
Date : 06.05.2026
https://www.mhc.tn.gov.in/judis
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