Lamminthang v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Lamminthang S/o.Paotinthang, Lilen, Peren, Nagaland - 797 110, Temporarily residing at, Kakkan Veethi, Rathinapuri, Coimbatore District.

..Petitioner(s) Vs The State represented by:

The Inspector Of Police Rathinapuri Police Station, Coimbatore District.

[Crime No.149 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Crime No.149 of 2026 on the file of the respondent.

For Petitioner(s):

M/S. P. Krishnakumar For Respondent(s):

Mr. S. Yogaraja Sekar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.05.2026 for the alleged offences under Sections 123 of B.N.S and Section 6(b) and 24(1) of the Cigarettes and other Tobacco Products Act, 2003 in Crime No.149 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.05.2026, based on a secret information, when the respondent police conducted vehicle check-up near Krishna Sarojini Colony, the petitioner was found with a white bag in a suspicious manner and on search, 13.500 gms of banned Tobacoco products was recovered from the petitioner . Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. The learned counsel would further submit that the petitioner has been remanded to judicial custody on 25.05.2026 and he is ready to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police has reiterated the prosecution case while opposing the bail application, however, he would fairly submit that the petitioner has no previous cases.

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

6. In this case, the petitioner was remanded to judicial custody on 25.05.2026 for the possession of 13.542 kgs of banned Tobacco products.

Therefore, considering the incarceration period of the petitioner since 25.05.2026 and upon the fact that the petitioner has no bad antecedents, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions. At this juncture, the learned counsel appearing for the petitioner has volunteered to make non refundable deposit Rs.15,000/- to any one of the welfare of the scheme without prejudice to his defence.

7. Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate No.II, Coimbatore 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][b] The petitioner/accused is directed to produce a demand draft for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of 'The Medical Officer, Urban Primary Health Centre, Singanallur, Kallimadi, Coimbatore District', (Non refundable) before the learned Judicial Magistrate No.II, Coimbatore;

(c) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the Medical Officer. Upon receipt of the said amount, the Medical Officer shall realise and utilise the same strictly in accordance with law for the welfare of the hospital;

[d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

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

12-06-2026 MJS 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, Coimbatore.

2. The Inspector of Police, Rathinapuri Police Station, Coimbatore District.

3. The Superintendent of Police, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

5. The Medical Officer, Urban Primary Health Centre, Singanallur, Kallimadi, Coimbatore District.

C.KUMARAPPAN, J.

MJS 12-06-2026