P.Muneeswari v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR P.Muneeswari

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Krishnankovil Police Station, Virudhunagar.

(Crime No. 110 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.T.Antony Arulraj Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 110 of 2026 on the file of the respondent 1/7

police.

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 09.05.2026 for the offences punishable under Section 328 of IPC r/w Section 6(b) and 24(1) of COTP Act in Crime No. 110 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.05.2026 at about 11.30 a.m., based on the secret information, when the respondent police were on picketing duty, they found that the petitioner was in illegal possession of banned tobacco products to sell. 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 2/7

alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 09.05.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was in illegal possession of banned tobacco products and the case has been registered under Section 328 of IPC r/w Section 6(b) of COTP Act in Crime No. 110 of 2026. He would further submit that the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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 fact 3/7

that the petitioner has no previous case and also considering the period of incarceration undergone by the petitioner, 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 -II, Srivilliputhur, and on further conditions that:

[b] the petitioner shall report before the respondent police on every Monday 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;

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[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 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].

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

(R V J) 20.05.2026 apd To 1.The Judicial Magistrate -II, Srivilliputhur. 2.The Inspector of Police, Krishnankovil Police Station, Virudhunagar.

3. The Superintendent, Central Prison (Women cell), Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J apd

ORDER

IN CRL OP(MD) No. 9522 of 2026 Date : 20.05.2026 7/7