Krishnamoorthy v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Krishnamoorthy ... Petitioner/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

(Cr.No.176 of 2026).

... Respondent/Complainant For Petitioner : Mr.Jagadeeshwaran R, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.176 of 2026 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 31.05.2026 for the offences punishable under Section 123 of BNS and Sections 6(b) and 24(1) of the Cigarette and other Tobacco Products Act, 2003 in Crime No. 176 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.05.2026 at about 11.00 a.m., on receipt of secret information, the respondent police were conducted vehicle check up near A1 Carton Box Company. It is alleged that a Car bearing Registration No. TN 58 BK 7502 was intercepted and found 590 packets of banned tobacco products and a sum of Rs. 6,50,000/-. On investigation, the accused was arrested subsequently. 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 the alleged contraband was 2/6

recovered by the prosecution. The petitioner has been arrested and remanded to judicial custody on 31.05.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused was found in possession of banned tobacco products. The petitioner has 3 previous cases at his credit and the same were disposed of. 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, the nature of the offence and the fact that the alleged contraband was recovered by the prosecution and further considering the fact that though the petitioner has 3 previous cases at his credit, those cases were already disposed of, as well as the period of 3/6

incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, this Criminal Original Petition is allowed and 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.II, Sattur, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty 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 him from disclosing 4/6

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].

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

(P D B J) 23.06.2026 PNM TO

1. The Judicial Magistrate No.II, Sattur

2. The Superintendent, Sub Jail, Viruthunagar

3. The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

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

5/6

P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11943 of 2026 Date : 23/06/2026 6/6