[Cites 2, Cited by 0]
Madras High Court
Dhashayani vs The State Rep By, The Inspector Of Police on 22 May, 2026
CRL OP No.13700 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05. 2026
PRESENT
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP NO.13700 OF 2026
Dhashayani ... Petitioner / Accused
Vs.
State Rep. By
The Inspector of Police,
D-5 Marina Police Station,
Chennai
(Crime No.145 of 2026) ... Respondent / Complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the
petitioner on bail in pending investigation in crime No.145 of 2026 on
the file of the respondent police.
For Petitioner : Mr.P.Praveen Kumar
For Respondent : Mr.R.Ganesh Kumar,
Counsel for Government of
Tamil Nadu(Criminal Side),
High Court of Madras
1/8
https://www.mhc.tn.gov.in/judis
CRL OP No.13700 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner on
18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant bail.
2. The petitioner/Accused was arrested and remanded to judicial
custody on 01.05.2026 for the alleged offences punishable under Section
123 of BNS, 2023 and Section 24(1) of The Cigarettes and Other Tobacco
Products (Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Act, 2003, in Crime
No.145 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that on on 20.02.2026, the De-
facto complainant namely Jayakumar, who is the Sub-Inspector of police
attached to the respondent, has filed a special report stating that on
20.02.2026, the de-facto complainant conducted a checkup in an area,
where the de-facto complainant along with his police personal stopped a
bike and conducted search. In that bike, the petitioner had one white
gunny bag and in that bag, the petitioner was found in possession of
illegal banned tabacco products i.e. 15 packets of Hans. Thereafter, the
https://www.mhc.tn.gov.in/judis
present complaint was lodged and the same has been registered.
4. Mr.P.Praveen Kumar, the learned counsel for the petitioner,
submits that the petitioner is an innocent person and she has not
committed any offence as alleged by the prosecution. He further submits
that He however submits that the petitioner is ready to abide by any
stringent conditions that may be imposed by this Court. He therefore
prays to grant bail to the petitioner.
5. Per contra, Mr.R.Ganesh Kumar, the learned Counsel for
Government of Tamilnadu (Criminal Side) appearing for the
respondent-police submits that the preliminary investigation is yet to be
completed. Therefore, he made a strong objection to grant bail to the
petitioner. Accordingly, he prays to dismiss the petition.
6. Heard on both sides. This Court has perused the materials
available on record.
7. The petitioner was arrested on 01.05.2026. The petitioner has
permanent residence and deep roots in the society. Therefore, there is less
possibility of absconding. Considering the same and also considering the
https://www.mhc.tn.gov.in/judis
facts and circumstances of the case, the offence alleged against the
petitioner, this Court is of the view that further custody of the petitioner is
not necessary in this case. Hence, this Court is inclined to grant bail to the
petitioner, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand only) along with two sureties each for a like sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of
the II Metropolitan Magistrate, Egmore, Chennai.
(ii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019']. The learned II
Metropolitan Magistrate, Egmore, Chennai shall obtain a copy of any one
of their identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the respondent-
police daily at 09.00 a.m. until further orders.
(iv) The petitioner shall furnish her residential address and mobile
numbers to the learned II Metropolitan Magistrate, Egmore, Chennai
https://www.mhc.tn.gov.in/judis
(v) The petitioner shall attend in accordance with the conditions of
the bond to be executed under Chapter XXXV of BNSS, 2023.
(vi) The petitioner shall not commit an offence similar to the
offence of which she is accused, or suspected, of the commission of
which she is suspected.
(vii) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade them from disclosing such facts to the Court or
to any police officer or tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any
threat to the defacto complainant and witnesses.
(ix) The petitioner shall not enter into the defacto complainant's
house or his work place.
(x) The petitioner shall not try to contact the defacto complainant
and witnesses either directly or through any electronic mode.
https://www.mhc.tn.gov.in/judis
(xi) On breach of any of the aforementioned conditions, the II
Metropolitan Magistrate, Egmore, Chennai or Trial Court is entitled to
pass appropriate orders against the petitioner in accordance with law as if
the aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
8. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026
lok/dm
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 official website of this Court will
be watermarked and will also have a QR code.
https://www.mhc.tn.gov.in/judis
To
1.The II Metropolitan Magistrate, Egmore, Chennai
2.The Superintendent of Police.
Central Prison, Puzhal for women,
Chennai
3.The Inspector of Police,
D-5 Marina Police Station,
Chennai
4.The Public Prosecutor,
Madras High Court
Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL, J.
lok/dm
CRL OP NO.13700 OF 2026
22.05.2026
https://www.mhc.tn.gov.in/judis
