Santhoshkumar v. The State Rep by the Inspector of Police

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

06.07.2026 for the alleged offences under Section 123 of BNS and Sections 6 read with 24(1) of the Cigarette and Other Tobacco Products Acts, 2003, in Page2 of 5 Crime No.208 of 2026 on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner is that the petitioner along with other accused was found in illegal possession of 15 kgs of banned tobacco products. Hence, the case was registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated and has no connection with the alleged offence. It is further submitted that the petitioner has been in judicial custody since 06.07.2026 and is ready to abide by any conditions imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and would submit that there are totally five accused in this case and the petitioner is arrayed as A4. He further submitted that the petitioner has got two previous cases which is similar in nature. Hence, he opposed to grant bail to the petitioner.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side. Page3 of 5

¶6From the submission of the learned counsel on either side, this Court is of the view that though the petitioner has two previous cases, considering that the recovery of banned tobacco products is only 15 kgs and taking into consideration the long incarceration of the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶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 for a like sum each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kilvelur, 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 and 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 Page4 of 5 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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 24-07-2026 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 District Munsif cum Judicial Magistrate, Kilvelur.

¶2The Inspector of Police Velankanni Police Station, Nagapattinam District.

3.The Superintendent, Nagapattinam District Prison.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19858oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19858oofo2026 24-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Santhoshkumar S/o.Ravichandran, Pandaga Salai Street, Velankanni, Keelvelur (Taluk), Nagapattinam District. ..Petitioner(s) Vs The State rep by the Inspector of Police Velankanni Police Station, Nagapattinam District. Crime No.208 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime no.208 of 2026 on the file of Velankanni Police Station, Nagapattinam and to pass necessary orders as this Honourable Court may deem fit and proper. For Petitioner(s): Mr.J.Kamaraj For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)