Karuppaiah @ Karuppaiya v. State Of Tamilnadu Rep By Inspector Of Police, Elumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Karuppaiah @ Karuppaiya, (Wrongly Mentioned Karuppaiah in Cr.No.

44 of 2026 Instead of Karuppaiya) ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Elumalai, Elumalai Police Station, Madurai District.

Crime No.44 of 2026.

... Respondent/Complainant For Petitioner : Mr.R.Ganeshprabu, Advocate.

For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.44 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the 1/6

respondent police for the offences punishable under Sections 123 of BNS, 2023 r/w. Section 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No. 44 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is said to have illegally found in possession of banned Tobacco Products and cool lip. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that A1 had borrowed a sum of Rs.20,000/- from the petitioner as loan, out of which a sum of Rs.3,000/- has been repaid and the balance amount remains due. It is further submitted that since the said transaction was made through GPay, the police officials, under a mistaken impression, have presumed that the petitioner was involved in the purchase of tobacco and Cool Lip products.

4. The leaned Government Advocate (Crl. side) submits that the offence committed by the petitioner is serious in nature and hence, he 2/6

strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

6. Having regard to the facts and circumstances of the case and taking into consideration the undertaking affidavit filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti, Madurai District within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their 3/6

photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; (b) The petitioner is directed to file an undertaking affidavit before the court concerned stating that he will not sell the tobacco and coolip products in future. [c] the petitioner shall appear before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation;

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioner shall not abscond either during investigation or trial.

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 4/6

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].

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

(S S Y J) 12.02.2026 TRP TO

1. Judicial Magistrate No.II, Usilampatti, Madurai District

2. The Inspector of Police, Elumalai, Elumalai Police Station, Madurai District.

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

S.SRIMATHY,J 5/6

TRP

ORDER

IN CRL OP(MD) No.2851 of 2026 Date : 12/02/2026 6/6