Swaminathan v. State Of Tamilnadu Rep By Sub Inspector Of Police, Vengamedu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Swaminathan, S/o. Palani, 8/5, Asari Street, Karur Town, Karur..

... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Sub Inspector of Police, Vengamedu Police Station, Karur District.

Crime No. 104 of 2026.

... Respondent/Complainant For Petitioner : Mr.M Vivek, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 104 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 11.04.2026 for the offences punishable under Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 and Sections 123 and 275 of BNS, 2023, in Crime No.104 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 05.04.2026, the petitioner in this case caused accident by using his Brezza car bearing Registration No.TN 90 L 0681, and as a result, one Rajendiran died on the spot. When the same was verified by the respondent Police, they found that the petitioner had illegally transported 359.80 kgs of tobacco products in the said car and the same were recovered. Based on his 2/8

confession, another 352.700 kgs of tobacco products were recovered from another car and the same was also recovered. Hence the case.

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 11.04.2026. 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.

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

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 both the cases, he was released on bail and also considering the period of incarceration undergone by the petitioner from 11.04.2026, 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 4/8

Magistrate No.I, Karur and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation;

[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;

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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) 29.04.2026 VSG 6/8

TO 1.The learned Judicial Magistrate No.1, Karur. 2.The Sub Inspector of Police, Vengamedu Police Station, Karur District.

3.The Officer-in-Charge, Sub Jail, Karur.

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.8558 of 2026 Date : 29/04/2026 8/8