Thirumalaikumar v. State of Tamilnadu Rep by Inspector of Police, Shenkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1.Thirumalaikumar

2.Rajeshkumar ...Petitioners/A1 & A2 Vs State of Tamil Nadu rep. by The Inspector of Police, Shencottai Police Station, Tenkasi District. (Crime No.105 of 2026)

...Respondent/Complainant

For Petitioner:Mr.K.Karansingh

Advocate.

For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 105 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / A1 and A2, who were arrested and remanded to judicial custody on

15.03.2026 for the offences punishable under Section 123 of BNS and Section 24(1) and 6(b) of CAOTP Act, in Crime No.105 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that on

15.03.2026, based on the secret information, when the defacto complainant/police were conducting raid, they found that the petitionets were in illegal possession of 87.975 kgs of tobacco products. Hence the case.

¶3The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the tobacco products were seized from the petitioners and they have been arrested and remanded to judicial custody on 15.03.2026. Therefore, prayed to grant bail for the petitioners.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners have no previous cases. He would further submit that the investigation has been completed. Hence, he strongly opposed to grant bail to the petitioners.

¶5This Court heard both sides and perused the materials available on record.

¶6Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the quantity involved in this case and the petitioners have no previous cases and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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, Shencottai, and on further conditions that: [b] the petitioners shall report before the respondent police Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c] the petitioners shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions,

the

learned

Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

(P D B J)

30.03.2026 vsg To

1.The learned Judicial Magistrate, Shencottai.

2.The Inspector of Police, Shencottai Police Station, Tenkasi District.

3.The

Superintendent,Central

Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRLeOP(MD).eNo.e6276eofe2026 eP.eDHANABAL,eJ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeevsg eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeORDER eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeIN eeeeeeeeeeeeeeeeeeeeeeCRLeOP(MD)eNo.e6276eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeDateee:e30.03.2026