Citation : 2026 Latest Caselaw 2503 Mad
Judgement Date : 13 May, 2026
CRL OP(MD). No.9418 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 13/05/2026
CORAM
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
CRL OP(MD). No.9418 of 2026
Raja ... Petitioner/Sole Accused
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Uppiliyapuram Police Station,
Trichy District.
(Crime No. 134 of 2026). ... Respondent/Complainant
PRAYER :-
For Bail in Crime No. 134 of 2026 on the file of the Respondent
Police.
For Petitioner : Mr.B.Jameelarasu,
Advocate.
For Respondent : Mr.S.Ravi,
Additional Public Prosecutor
ORDER :
The Court made the following order :-
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The petitioner, who was arrested and remanded to judicial custody
on 25.04.2026 for the offence punishable under Section 123 of BNS,
2023 and Sections 6(b) & 24(1) of Cigarettes and Other Tobacco
Products (Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Act, 2003, and, in
Crime No.134 of 2026, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.04.2026, when the
respondent police conducted the usual raid, the petitioner was found in
illegal possession of 585 pockets of Hans and 659 pockets of tobacco
products. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the
petitioner is an innocent person and he has not committed any offences as
alleged by the prosecution. He further submitted that the petitioner is in
judicial custody from 25.04.2026. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the
petitioner was found in illegal possession of 585 pockets of Hans and
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659 pockets of tobacco products and the investigation is still pending and
the petitioner has 1 previous case. Hence, he opposed for grant of bail to
the petitioner.
5. Taking into consideration of the facts and circumstances of the
case and considering the quantity involved in this case and also
considering the period of incarceration suffered by the petitioner, this
Court is inclined to grant bail to the petitioner, subject to the following
conditions:
6. Accordingly, the petitioner is ordered to be released on bail on
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)
each with two sureties, each for a like sum to the satisfaction of the
Judicial Magistrate Court, Thuraiyur, Trichy District, and on further
conditions that :-
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
[b]the petitioner is directed to make a non-refundable
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deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;;
[c] the petitioner shall report before the
respondent police daily at 10.30 a.m., until further
orders;
[d] the petitioner shall not tamper with the evidence
or witness either during investigation or trial;
[e] the petitioner shall not abscond either during
investigation or trial;
[f] 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 is released on bail by the learned
Magistrate/Trial Court himself as laid down by the
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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.
13.05.2026 DSS
TO
1. The Judicial Magistrate Court, Thuraiyur, Trichy District.
2. The Inspector of Police, Uppiliyapuram Police Station, Trichy District.
3. The Superintendent, Central Prison, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5.The President, Tiruchuli Bar Association, Virudhunagar District.
https://www.mhc.tn.gov.in/judis
K.K. RAMAKRISHNAN,J
DSS
ORDER IN
Date : 13/05/2026
https://www.mhc.tn.gov.in/judis
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