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Madras High CourtCRL OP/16419/2026granted

Veeramani v. The State Rep By

2026-06-29Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Veeramani ..Petitioner(s) Vs The State Rep by The Inspector of Police Thirumuruganpoondi Police Station, Tiruppur.

Crime No.264 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.264 of 2026 on the file of the Inspector of Police Thirumuruganpoondi Police Station, Tiruppur.

For Petitioner(s):

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

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 26.05.2026 for the alleged offence under Sections 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and Sections 123, 286 of BNS in Crime No. 264 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 37.7 Kgs of banned tobacco products for sale. Hence, the case.

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

4. Per contra, the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 26.05.2026. He submits that there are five previous cases pending against the petitioner. Hence, he opposed for grant of bail to the Petitioner.

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

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Counsel for Government of Tamil Nadu

(Criminal Side), it is seen that this is a case of illegal transportation of 37.7 Kgs of banned tobacco products and the petitioner has been incarcerated since 26.05.2026. The learned Counsel for Government of Tamil Nadu (Criminal Side) strongly opposed the bail application on the ground that five previous cases were pending against the petitioner. Though the petitioner is having 5 previous cases pending against him, considering the fact that he has been incarcerated since 26.05.2026, this Court is of the firm view that custodial interrogation of the petitioner is not required for investigation. Hence, this Court is inclined to grant bail to the petitioner subject to certain conditions. At this juncture, the learned counsel for the petitioner volunteered to make a sum of Rs.50,000/- as a non-refundable deposit to any one of the welfare schemes, by order of this Court, without prejudice to the defence of the petitioner.

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 learned Judicial Magistrate II, Avinashi, 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(c) the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the Dean, Government Medical College & Hospital, Tiruppur to comply with the conditions imposed by this Court in Crl.O.P.No. 16419 of 2026 dated 29.06.2026, within two weeks from the date on which the order copy is made ready, failing which, the anticipatory bail shall stand automatically cancelled.

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] 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];

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

29-06-2026 nr 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 II, Avinashi

2. The Inspector of Police Thirumuruganpoondi Police Station, Tiruppur.

3. The Central Prison,Coimbatore.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN, J.

nr 29-06-2026