Narayanan v. The State Represented by the Station House Officer

ORDER The petitioners, who were arrested and remanded to judicial custody on

09.07.2026 for the alleged offences under Section 123 of Bharatiya Nyaya Sanhita (BNS), 2023 r/w Section 24(1) of COTPA Act in Crime No.353 of 2026 on the file of the respondent police, seek bail. Page2 of 5

¶2The case of the prosecution is that the petitioners were found to be in possession of banned tobacco products of HANS @ Gutka of 4500 Pieces of 90 kilograms. Hence, the case.

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

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have been incarcerated since 09.07.2026, however, fairly conceded that the petitioners have no criminal antecedents. However, he opposed the grant of bail to the Petitioners.

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

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering Page3 of 5 the fact that the petitioners have been incarcerated since 09.07.2026 and upon the further fact that the petitioners have no criminal antecedents, this Court is of the view that further custody for the purpose of investigation is not required. Hence, this Court is inclined to enlarge the petitioners on bail subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Judicial Magistrate Court Thirukoilur at Kallakurichi District., 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 petitioners shall report before the respondent police daily at 10.30 a.m., for the period of fifteen days and thereafter, as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 pass Page4 of 5 appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22-07-2026 SHL 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:

¶1The Judicial Magistrate Court Thirukoilur at Kallakurichi District.

¶2The Sub-Jail Kallakurichi

¶3The Station House Officer, Thirukoilur ofPolice, Kallakurichi District

4.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19403oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19403oofo2026 22-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Narayanan 2. Ashok Bharathi ..Petitioners Vs The State Represented by The Station House Officer Thirukoilur of Police, Kallakurichi District. Crime No.353 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners/1st and 2nd Accused on Bail in Crime No.353 of 2026 on the file of the Thirukoilur Police Station at Kalalkurichi District. pending investigation on the file of the Respondent Police. For Petitioners: S.Mageshkumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)