Kumar v. State of Tamilnadu Rep by Inspector of Police, Watrap

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kumar ... Petitioner/Accused

Vs State of Tamilnadu Rep by, The Inspector of Police, Watrap Police Station, Virudhunagar District. Crime No.12/2026. ... Respondent/Complainant For Petitioner : Mr.B. Senthilkumar, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No.12 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

10.01.2026 for the offences punishable under Sections 123 of BNS, 2023 and 6(b) r/w/ 24(1) of Cigarette and other Tobacco Products (Prohibition) Act, 2003, in Crime No. 12 of 2026 on the file of the respondent police, seeks bail.

¶2The prosecution case is that the petitioner along with other accused was in illegal possession of tobacco products and a sum of Rs.1,10,940/- was recovered from him. 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 10.01.2026. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that the petitioner along with other accused was in illegal possession of 63.3 kg of tobacco products and a sum of Rs.1,10,940/- was recovered from him. He further submitted that three previous cases out of which one case of a similar nature are pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case 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 District Munsif cum Judicial Magistrate, Watrap, Virudhunagar District, 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 is directed to deposit a sum of Rs.2,000/-(Rupees Two thousand only) to the credit of the Correspondent, Sethupathy Pandithurai Higher Secondary School Parent, having account in State Bank of India, Karimedu Branch, Account No.30033864969, Account Type:Regular Savings Bank Account, CIF No: 85019457624, MICR Code:625002017; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner; [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)

25.02.2026 jbr TO

¶1The District Munsif cum Judicial Magistrate, Watrap, Virudhunagar District.

¶2The Superintendent, Sub Jail, Srivilliputhur.

¶3The Inspector of Police, Watrap Police Station, Virudhunagar District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.4072 of 2026 Date : 25/02/2026