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Madras High CourtCRL OP(MD)/9418/2026granted

Raja v. State Of Tamilnadu Rep By Inspector Of Police, Uppiliyapuram

2026-05-13Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Raja ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No. 134 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 134 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.B.Jameelarasu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 25.04.2026 for the offence punishable under Section 123 of BNS, 2023 and Sections 6(b) & 24(1) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and, in Crime No.134 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.04.2026, when the respondent police conducted the usual raid, the petitioner was found in illegal possession of 585 pockets of Hans and 659 pockets of tobacco products. 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 in judicial custody from 25.04.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner was found in illegal possession of 585 pockets of Hans and 2/6

659 pockets of tobacco products and the investigation is still pending and the petitioner has 1 previous case. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the quantity involved in this case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Thuraiyur, Trichy District, and on further conditions that :- [a] the petitioner and the sureties shall affix their 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 make a non-refundable 3/6

deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[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 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 4/6

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.

13.05.2026 DSS TO

1. The Judicial Magistrate Court, Thuraiyur, Trichy District.

2. The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

3. The Superintendent, Central Prison, Trichy.

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

5.The President, Tiruchuli Bar Association, Virudhunagar District. 5/6

K.K. RAMAKRISHNAN,J DSS

ORDER

IN CRL OP(MD) No.9418 of 2026 Date : 13/05/2026 6/6