Sudalaimani v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Sudalaimani ..Petitioner Vs State represented by The Inspector of Police Negamam Police Station, Negamam, Pollachi, Coimbatore District.

(Crime No. 80 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner herein on bail in respect of Cr.No.80/2026 on the file of the Inspector of Police, Negamam Police Station, Negamam, Pollachi.

For Petitioner:

Mr.S.Prabhu For Respondent:

Mr.S.Vinoth Kumar Govt Advocate (Crl.Side)

ORDER

Petition seeking bail in respect of Crime No.80 of 2026 registered for the alleged offences punishable under Sections 24(1) of the COTPA 2003 and 123 of BNS 2023 (328 of IPC) is on board for consideration.

2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court

He further submits that the petitioner is in no way connected with the alleged offence, however, without prejudice to the defence and contention, the petitioner is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused were found to be in illegal possession of 296.900 grams of Tobacco products. He further submits that no previous cases are pending against the petitioner.

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) by way of RTGS/NEFT to the credit of "The Dean/Medical Officer, Government Head Quarters Hospital, Pollachi", without prejudice to the right of defence before the trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released

on bail on his executing bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, 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, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

28-04-2026 SHL Note:

1. Registry is directed to forthwith upload this

order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on 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, Pollachi

2. The Superintendent Central Jail, Coimbatore

3. The Inspector of Police Negamam Police Station, Negamam, Pollachi, Coimbatore District.

4. The Public Prosecutor High Court of Madras

A.D.JAGADISH CHANDIRA J.

SHL 28-04-2026