Erusa Goundar v. State Rep by Its the Inspector of Police

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

28.06.2026 for the alleged offence under Sections 6, 24(1) of Cigarette and other Tobacco Products Acts 2003 & Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.59 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner was found in possession of 210 kgs of banned tobacco products. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 28.06.2026. He further submitted that the petitioner runs a tea shop and also operates as a vendor supplying items to various petty shops and that he has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution, and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of regular bail to the petitione

¶4Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that a huge quantity of banned tobacco products was recovered from the petitioner. He further submitted that the petitioner has two previous cases pending against him and, therefore, opposed the grant of bail to the petitioner.

¶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, and taking note of Page3 of 6 the submissions made by the learned Government Advocate (Crl. Side), it is seen that the petitioner was found in possession of huge quantity of 210 kilograms of banned tobacco products and though the petitioner has got two previous cases and those cases are not similar in nature. Taking into consideration the period of incarceration already undergone by the petitioner 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, subject to certain conditions At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.50,000/- as non-refundable deposit to any of the welfare scheme without prejudice to his defence.

¶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 to the satisfaction of the learned Judicial Magistrate No.III, Salem, 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 is directed to make a non-refundable deposit of Rs.50,000/- [Rupees Fifty Thousand Only] Page4 of 6 towards the account of M/s.Patient Welfare Society, Anayankadu Road, Vasantha Mill, Singanallur, maintained at Canara Bank, Singanallur Branch, No.2225, Trichy Road, Singanallur, Coimbatore District-641015, bearing SB Account No.110210036953, IFSC Code No.CNRB0016562, MICR No.641015100 and to produce the Bank challan before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-07-2026 DRL Page5 of 6 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.III, Salem.

¶2The Inspector of Police Shevapet Police Station, Salem.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19848oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19848oofo2026 24-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Erusa Goundar S/o. Raman, No.281-1, Iyyar Street, East Thiruvagoundanur, Salem. ..Petitioner(s) Vs State rep by its the Inspector of Police Shevapet Police Station, Salem. Cr. No. 59 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 the above Cr. No.59 of 2026 on the file of the Respondent and thus render justice. For Petitioner(s): Mr.S.Senthilvel For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)