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Madras High Court
V.Santhosh Kumar vs The State Of Tamil Nadu Rep. By The ... on 7 May, 2026
Crl.O.P.No.11640 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI
CRL OP NO.11640 of 2026
V. Santhosh Kumar ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
Variety Hall Police Station,
Coimbatore – 641 001.
(Crime No.50 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Crime No.50 of 2026 on the file of the respondent police.
For Petitioner(s) : Mr. P.R. Ramesh Babu
For Respondent(s) : Mr. V.J. Priyadarsana
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner, who was arrested and remanded to judicial custody on
23.02.2026 for the offences punishable under Sections 7(1) and 20(1) of The
Cigareetes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution)
Act, 2003 [Act 34 of 2003] read with Section 123 of the Bharathiya Nyaya
Sanhita (BNS) in Crime No.50 of 2026, registered on the file of the
respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in
illegal possession of 45.600 kilograms of banned tobacco products for the
purpose of illegal sales to general public. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that
the petitioner has been falsely implicated in this case and he is in judicial
custody since 23.02.2026. It is further submitted that the petitioner is ready
to cooperate with the investigation and will appear before the respondent
police as and when required. He further submitted that the petitioner, without
prejudice to his rights, is ready to deposit a sum of Rs.25,000/- to any welfare
scheme of the Government or any other organization. Hence, he prayed for
grant of bail to the petitioner.
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4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the bail to the petitioner, reiterated the
prosecution's case and submitted that the petitioner was involved in yet
another case of similar nature.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the
submissions made by the learned counsels on either side and the period of
incarceration undergone by the petitioner, this Court is inclined to grant bail
to the petitioner with certain conditions.
7. Accordingly, 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
Principal District & Sessions Judge, 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;
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[b] the petitioner shall deposit a sum of
Rs.25,000/-(Rupees Twenty Five Thousand only) (Non
refundable) towards the account of CANCER INSTITUTE
(WIA), Adayar, Savings Bank Account maintained at
Andhra Bank, Madhya Kailash Branch, Cancer
Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar
Patel Road, Chennai-36, bearing SB Account
No.149710011005477, IFS Code No.ANDB0001497,
Branch Name and Code 1497, MICR No.600011049 and to
produce the Bank Challan before the learned Principal
District & Sessions Judge, Coimbatore and the receipt
shall be produced at the time of executing the bond;
[c] the petitioner shall report before the
respondent Police daily at 10.30 a.m., for a period of three
weeks and thereafter as and when required for
interrogation;
[d] the petitioner shall make himself available for
interrogation by a Police Officer as and when required;
[e] the petitioner to give an undertaking that if
required for being identified by witnesses during investigation
or for police custody beyond the first fifteen days, he shall
comply to the directions as may be given by the Court in this
regard;
[f] On breach of any of the aforementioned
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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 the Hon'ble
Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13
SCC 283];
[g] If the accused thereafter absconds, a fresh FIR
can be registered under Section 269 of B.N.S.
07.05.2026
stn/ dpa
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.
L. VICTORIA GOWRI, J.
stn/ dpa
To
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1. The Principal District & Sessions Judge, Coimbatore.
2. The Inspector of Police,
Variety Hall Police Station,
Coimbatore – 641 001.
(Crime No.50 of 2026)
3. The Superintendent,
Coimbatore Central Prison, Coimbatore.
4. The Public Prosecutor,
High Court of Madras.
07.05.2026
https://www.mhc.tn.gov.in/judis
