Seetha v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Seetha ..Petitioner(s) Vs The Inspector of Police, Manavala Nagar Police Station, Tiruvallur District.

Cr.No.58/2026.

..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail for alleged offence under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, under Sections 274 and 275 of IPC under Section 24(1) of COTPA Act, read with Section 77 of the Juvenile Justice Act in Crime No.58 of 2026 on the file of the Respondent Police.

For Petitioner(s):

Mr.S.Vidhyasagar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.02.2026 for the alleged offences under Sections 274 and 275 of the Bharatiya

Nyaya Sanhita, 2023, read with Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, in Crime No.58 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 23.02.2026, while the respondent police were on routine surveillance, they received information that the petitioner was in possession of banned tobacco products in her tea shop. Upon conducting a raid, the petitioner was found in possession of 53 kilograms of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been under incarceration since 23.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner is involved in two previous cases.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, and the nature of the allegations, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on their 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, Tiruvallur and subject to the following conditions: [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 petitioner shall sign before the respondent police everyday for a period of 15 days 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

01-04-2026 Index: Yes/No Speaking/Non-speaking order Jeni 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, Tiruvallur.

2.The Superintendent, Central Prison, Vellore. 3.The Inspector of Police, Manavala Nagar Police Station, Tiruvallur District. 4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 01-04-2026