M.Sivakumar v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2026
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. M.Sivakumar S/o. Moorthy, Door No.77/38, Thalaivaipattinam Road, Dharapuram, Tiruppur-638656.
Petitioner(s) Vs
1. The State rep by Inspector of Police Anamalai Police Station, Coimbatore.
Crime No.658 of 2025.
Respondent(s) PRAYER To pass an order for enlargement of the petitioner on bail, pending investigation of Crime No.658/2025 on the file of the Respondent police. For Petitioner(s):
I Abrar Mohamed Abdullah For Respondent(s):
Mr.A.Gopinath Government Advocate(Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.12.2025, for the offence punishable under Sections 24(1) of the Cigarette and Other Tobacco Products Act, 2003 and section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015 in Crime No.658 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 4 kgs of banned tobacco products. Hence, the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 08.12.2025. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was found in possession of 4 kgs of banned tobacco products. He further submitted that the petitioner has one previous case and the property has been recovered. However, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the period of incarceration and though it is reported that the petitioner has one previous case, and the property has been seized, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Pollachi, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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 a period of three weeks. [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness 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 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 B.N.S.
09-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.
To 1.The Judicial Magistrate-I, Pollachi.
1.The State rep by Inspector of Police Anamalai Police Station, Coimbatore.
Crime No.658 of 2024.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR J.
mpa 09-01-2026