Brindha v. The State Represented by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

20.06.2026 for the alleged offence under Sections 123, 275 of BNS r/w Sections 6,24(1) of COTPA Act r/w Sections 52, 59 of FSSAI Act, in Crime No.167 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 44.640 kgs of banned tobacco products. Hence, this case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there are three accused in this case and the petitioner herein is arrayed as A1. He further submitted that the petitioner has been involved in 22 cases under the Prohibition Act, out of which 20 cases have been disposed of and two cases are still pending. Hence, he opposed to grant bail to the petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6From the submissions made by the Government Advocate (Crl.Side) it is seen that the petitioner has no previous cases involving similar offences. Hence, considering the period of incarceration of the petitioner since

20.06.2026 and that she is a woman, this Court is of the firm view that her further custodial interrogation is not required for the purpose of investigation. Accordingly, this Court is inclined to enlarge the petitioner on bail on certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Nagapattinam, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the learned respondent police daily at 10.30 a.m., and 5.30 p.m, until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; Page4 of 5 [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13-07-2026 DRL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The Judicial Magistrate No.I, Nagapattinam.

2.The Inspector of Police Nagapattinam Town Police Station, Nagapattinam District.

3.The Superintendent, District Jail, Nagapattinam.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o18168oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o18168oofo2026 13-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Brindha W/o. Thangapandi, No.28, Throwbathiyamman kovil Street, Nagapattinam. ..Petitioner(s) Vs The State represented by the Inspector of Police Nagapattinam Town Police Station, Nagapattinam District. Crime No.167 of 2026 ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the Petitioner on bail in the pending investigation in Crime No.167 of 2026 on the file of the Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District. For Petitioner(s): Mr. U.Kathiravan For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )