Balamurugan v. The State Rep. by the Inspector of Police

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

28.06.2026 for the alleged offences under Sections 123 of BNS and 6 and 24 (1) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distributions) COTPA Act, 2003, in Crime No.0173 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 5.2 kg of banned tobacco products. Hence the case. Page2 of 4

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 28.06.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that no previous case has been registered against the petitioner. However, he opposed for grant of bail to the petitioner.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6.Considering the facts that the recovered contraband is a small quantity (5.2 kg), the petitioner has no criminal antecedents and he has been incarcerated since 28.06.2026, this Court is of the firm view that his further custody is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. Page3 of 4

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Vedaranyam, and subject to the following conditions: [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 respondent Police daily at 10.30 a.m. for a period of two weeks; thereafter as and when required for interrogation; [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; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; Page4 of 4

C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 10-07-2026 ep 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 District Munsif Cum Judicial Magistrate, Vedaranyam.

2.The Superintendent of Prison, District Jail, Nagapattinam.

3.The Inspector of Police Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Balamurugan ..Petitioner(s) Vs The State Rep. by The Inspector of Police Vedaranyam Police Station, Vedaranyam, Nagapattinam District. Crime No.0173 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.0173 of 2026 on the file of the Vedaranyam Police Station, Vedaranyam, Nagapattinam District. For Petitioner(s): Mr.R.Muruga Bharathi For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )