Citation : 2026 Latest Caselaw 2726 Mad
Judgement Date : 21 May, 2026
CRL OP(MD). No.9550 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 21.05.2026
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9550 of 2026
Lingadurai ... Petitioner
Vs
State of Tamil Nadu
Rep.By, the Inspector of Police,
Sathankulam Police Station,
Tuticorin District.
(Crime No.278 of 2026) ... Respondent
PRAYER :- For Anticipatory Bail in Crime No.278 of 2026 on the file of
the Respondent Police.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondent : Mr.S.S.Manoj
Government Advocate (Crl.Side)
ORDER
The petitioner / accused, who apprehends arrest at the hands of the
respondent police for the offences punishable under Sections 24(1) of the
https://www.mhc.tn.gov.in/judis
Cigarettes and other Tobacco Products Act, 2003 and Section 123 of
BNS, 2023 in Crime No.278 of 2026 on the file of the respondent police,
seeks anticipatory bail.
2.The case of the prosecution is that on 02.05.2026 at about 07.00
pm., when the respondent police were on routine checkup at
Saveriyarpuram Vilakku, they found that the accused persons were in
possession of contraband, like Hans, Ganesh and other tobacco products.
Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit
that the petitioner has been falsely implicated in this case and that he has
not committed any offence as alleged by the prosecution. Hence, he seeks
this Court to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.side) appearing for the
respondent police would submit that the offences are grave in nature and
hence, he strongly opposed to grant anticipatory bail to the petitioner.
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5.Considering the facts and circumstances of the case, this Court is
inclined to grant anticipatory bail to the petitioner, subject to certain
conditions.
6.Accordingly, the petitioner is ordered to be released on bail, in
the event of his arrest or on his appearance, on condition that he shall
execute 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
Judicial Magistrate, Sathankulam, within a period of fifteen days from
the date on which the order is made ready and subject to the following
further conditions:
[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 shall appear before the respondent police daily at 10.30 am., until further orders.
[c] The petitioner shall not tamper with the evidence or witness either during investigation or trial.
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[d] The petitioner shall not abscond either during investigation or 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 is 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.
21.05.2026 mm
To
1.The Judicial Magistrate, Sathankulam.
2.The Inspector of Police, Sathankulam Police Station, Tuticorin District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
mm
21.05.2026
https://www.mhc.tn.gov.in/judis
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