Ravikumar v. State Rep.By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Ravikumar

2. Purushothaman

3. Jayaprakash ..Petitioners Vs State Rep.by, The Sub Inspector of Police, Dusi Police Station, Tiruvannamalai District.

Cr.No.43 of 2026.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Cr.No.43 of 2026 pending on the file of the respondent Police.

For Petitioners:

Mr.A.Saranraj For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioners, who were arrested and remanded to judicial custody on 08.03.2026 for the alleged offences under Sections 123 of BNS (328 of IPC)

and Section 24(1) of Cigarette and other Tobacco Products Act (COTPA), 2003 and 123 of BNS Act 2023 in Crime No.43 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found in possession of banned tobacco products worth Rs.1,51,000/-. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there is no previous case against the petitioners. However, he opposed the grant of bail to the Petitioners.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side, it is seen that there is no previous case as against the petitioners and also considering the duration of incarceration of the petitioners, this Court is of the firm view that custodial interrogation of the petitioners is not required and hence this Court is inclined to enlarge the petitioners on bail on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on their executing a separate 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 Court, Cheyyar, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m, until further orders and no relaxation petition shall be entertained within a period of 60 days;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass

appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18-03-2026 SHL 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 Court, Cheyyar

2. The Sub Jail Vandavasi, Tiruvannamalai District

3. The Sub Inspector of Police, Dusi Police Station, Tiruvannamalai District.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 18-03-2026