S.Saravanan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN S.Saravanan S/o. Shellappan, 171, Malakudiruppu, Seyyannam, Pudukottai.

..Petitioner(s) Vs State Rep By, Inspector Of Police Periyanaickapalayam Police Station, Coimbatore District.

Crime No.403 of 2026 ..Respondent(s) Criminal Original Petition filed under Section 483 of BNSS, praying to enlarge the petitioner on bail in Crime No.403 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.G.Paramasivam For Respondent(s):

Mr.S.Yogaraja Sekar Government Advocate (Crl. Side) *******

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.06.2026 for the alleged offence under Section 24(1) of The Cigarettes and Other Tobacco Products Act and 123 of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.403 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he sold prohibited tobacco products through his petty shop for unlawful gain. The respondent police seized a large quantity of prohibited tobacco products that were stored in multiple sacks. Hence, a case has been registered and he was arrested.

3. The learned counsel for the petitioner submitted that the petitioner's marriage is fixed on 02.07.2026 at Karur. In the meanwhile, he has been arrested and remanded in the present case. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would strongly oppose for grant of bail to the petitioner on the ground the petitioner has got one previous case and this is a case of huge quantity of banned tobacco products.

5. I have considered the submissions made on both sides and also perused the records available.

6. As rightly contended by the learned Government Advocate (Crl.Side), this is a case of higher quantity of banned tobacco products, however, the fact remains that the petitioner's marriage is fixed on 02.07.2026, which factum is not seriously disputed by the learned Government Advocate (Crl.Side).

7. In such view of the peculiar circumstances having the marriage is fixed on 02.07.2026 to this petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

8. 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 -V, 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] the petitioner shall report before the respondent police from 06.07.2026 daily at 10.30 a.m., for a period of three weeks 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 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];

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

9.This Criminal Original Petition is ordered accordingly. 29-06-2026 KMI 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-V, Coimbatore.

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

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

KMI 29-06-2026