A.Jahirhussain v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7830 of 2026 A.Jahirhussain

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep by The Inspector of Police, Jaihindpuram Police Station, Madurai City.

(Crime No.197 of 2026)

...Respondent/Complainant

For Petitioner:Mr.D.S.Haroon Rasheed For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For bail in Crime No.197 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner /Accused No.1, who was arrested and remanded to judicial custody on 29.03.2026 for the offences punishable under Section 24(1) of the Cigerettes and Other Tobacco Products Act, 2003 and 77 of JJ Act, in Crime No. 197 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.03.2026, when the respondent police was on patrolling duty near Pulipandiyan Street, Jainhindpuram, the petitioner and other accused persons were travelled in a two wheeler bearing Registration No.TN 58 BM 0454 in a suspicious manner, at that time, they found that the petitioner and other accused were in illegal possession of 35 kgs of tobacco products. Hence the case.

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3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody from 29.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending and the petitioner has two previous cases and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the quantity involved in this case and though the petitioner has two previous cases and in all cases, they were released on bail and also considering the period of incarceration undergone by the petitioner from 29.03.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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.IV, Madurai, and on further conditions that:

[b] the petitioner shall report before 4/8

the respondent police daily at 10.30 a.m until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 5/8

in accordance with law as if the 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)AIR SCW 5560].

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

(P D B J) 21.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.IV, Madurai. 2.The Inspector of Police, Jaihindpuram Police Station, Madurai City.

3.The Superintendent, Central Prison, Madurai.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7830 of 2026 Date : 21.04.2026 8/8