Pandiyan v. The State Of Tamilnadu Rep. By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10336 of 2026 1.Pandiyan 2.Vignesh ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.164 of 2026)

...Respondent/Complainant

For Petitioner : Mr.M.Prabu Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 164 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who was arrested and remanded to judicial custody on 21.05.2026 for the offences punishable under Sections 275, 123 of BNS r/w. 7(1) & 24(1) of COTPA Act, in Crime No.164 of 2026 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the accused persons are found in illegal possession of banned tobacco products such as Hans - 449.360 Kgs. Coolip - 16.300 Kgs., Vimal - 101.560 Kgs. and VI - 256.150 Kgs., totally 593.370 Kgs. and the sale amount as cash Rs.10,000/- along with three Cell Phones. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they have not involved in any offence as alleged in the FIR. The petitioners are falsely implicated in this case. Only for statistical purpose the respondent police has registered the case. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence is grave in nature. The accused persons are illegally possessed with 593.370 Kgs. of banned tobacco products and the sale amount as cash Rs.10,000/- along with three Cell Phones. The quantity involved is huge quantity. Hence, he vehemently opposed the grant of bail to the petitioners. However, the petitioners have no previous case. 2/6

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, even according to the prosecution, the petitioner has no previous case pending against them, and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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, Thiruvaiyaru, and on further conditions that:

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

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 09.06.2026 TM To 1.The Judicial Magistrate, Thiruvaiyaru.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.164 of 2026) 4/6

3.The Superintendent, Sub Jail, Thanjavur.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10336 of 2026 Date : 09.06.2026 6/6