Nagulan v. State Of Tamilnadu Rep By Inspector Of Police, Golden Rock

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Nagulan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Golden Rock Police Station, Trichy City.

(Crime No.04 of 2026) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.04 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.01.2026 for the offences punishable under Sections 123 of BNS r/w 24(1) of Cigarette & Other Tobacco Products Act 2003, in Crime No. 04 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had illegally transported banned tobacco products of 14.860 kgs. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 09.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are six previous cases pending against the petitioner and the property has 2/5

been recovered. However, he opposed for grant of bail to the petitioner.

5. This Court had earlier directed the petitioner to file an undertaking stating that he would not sell cool lip or any tobacco products. The said condition has been complied with and the same is recorded. Taking into consideration the facts and circumstances of the case, and since the petitioner has complied with the condition imposed in the interim bail order, the interim bail already granted is made absolute and this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with certain conditions. [a] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [b] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 3/5

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 19.02.2026 jbr To

1. The learned Judicial Magistrate No.5, Trichy.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Golden Rock Police Station, Trichy City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.1954 of 2026 Date : 19.02.2026 5/5