Saran v. State of Tamilnadu Rep by Inspector of Police, Kovilpatti West

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Saran ... Petitioner/Accused

Vs State of Tamilnadu Rep by, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District. (Crime No. 108/2026) ... Respondent/Complainant For Petitioner : M/s.K.Dineshkumar

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No.108 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on 21.01.2026 for the offences punishable under Section 123 of BNS and Section 24(1) of COTPA 2003, in Crime No.108 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was in illegal possession of 1350 sachet of banned tobacco products. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 21.01.2026. Hence, he seeks bail to the petitioner.

¶4The learned Government Advocate (Crl. side) submitted that the petitioner was in illegal possession of 20 kgs of banned tobacco products. He further submitted that no previous case is pending against the petitioner. However, he opposed for grant of bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case, considering the fact that there is no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Head Master, Government Boys Higher Secondary School, Y.Othakadai, Madurai District, in SBI Account No.30162368975, IFSC No.SBIN0002246, State Bank of India, Y.Othakadai Branch, Madurai District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme. [c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (S S Y J)

04.02.2026 jbr TO

¶1The Judicial Magistrate No.II, Kovilpatti.

¶2The Superintendent, Sub Jail, Kovilpatti.

¶3The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.2163 of 2026 Date : 04/02/2026