N.Ayyappan v. The State Rep by the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on

27.07.2026 for the alleged offences under Sections 123 of BNS and Sec.24(1) of Cigarettes and other Tobacco Products (Prohibition of Advertisement and regulation of the Trade and commerce, production, supply and Distribution) Act,2003, in Crime No.262 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner was found in possession of 9kg of HANS. Hence, the case was registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case without any basis. It is submitted that the petitioner has been in judicial custody since

27.07.2026 and that the petitioner is ready to cooperate with the investigation. The learned counsel would further contend that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was found in possession of banned hans products and that there is no previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner.

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

¶6Considering the submissions made by the learned counsel on both sides, this Court is of the view that though the petitioner was found in possession of banned hans products, there are no previous cases pending against Page3 of 5 him and taking into account that the petitioner has been in judicial custody since

27.07.2026, 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 Judicial Magistrate No.II, Kallakurichi, 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. 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; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down Page4 of 5 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. 24-08-2026 nvi 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.II, Kallakurichi.

¶2The Inspector of Police, Chinnasalem Police Station, Kallakurichi.

3.The Superintendent, Sub-Jail, Kallakurichi.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o23582oofo2026 N.RAMESH,oJ. nvi CRLoOPoNo.o23582oofo2026 24-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH N.Ayyappan, S/o.Nadesan, No.2/745, Middle Street, Sirupakkam, Veppur Thalukka, Sirupakkam, Cuddalore. ...Petitioner/Accused Vs State Rep.by The Inspector of Police, Chinnasalem Police Station, Kallakurichi. ...Respondent/Complainant Crime No.262 of 2026. PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.262 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr.A.Damodaran For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)