Egbert v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2026 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.4248 of 2026 Egbert ... Petitioner -vsState Rep by, The Inspector of Police, Thirukannapuram Police Station, Nagapattinam District.
(Crime No.19 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.19 of 2026 on the file of the respondent police.
For Petitioner :
Mr.C.Munusamy For Respondent :
Dr.C.E.Pratap Government Advocate (Crl. Side) *********
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offences punishable under Sections 275, 123 of BNS and Section 7, 20(1) of Cigarette and other Tobacco Products Act & Section 52, 59 of Food Safety and Standards Act, in Crime No.19 of 2026, registered on the file of the respondent police, seeks bail. 1/5
2. The allegation against the petitioner is that he was found in possession of 102 kgs of banned tobacco products. Hence, a case has been registered and the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 23.01.2026 and that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are three previous cases pending against the petitioner under Sections 392, 394 and 397 of IPC, pertaining to the year 2018. He further submitted that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel on either side, the nature of the allegations, and the period of his incarceration, though the petitioner has three previous case pending against him under other offences, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his 2/5
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagapattinam, 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 concerned Judicial Magistrate daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
20.02.2026 drl 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 No.II, Nagapattinam.
2.The Inspector of Police, Thirukannapuram Police Station, Nagapattinam District.
3.The Superintendent, District Prison, Nagapattinam.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
drl Crl.O.P.No.4248 of 2026 20.02.2026 5/5