Kesavan v. State of Tamilnadu Rep by Inspector of Police, Mathichayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kesavan ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep. by The Inspector of Police, Mathichiyam Police Station, Madurai City. Crime No.105 of 2026

... Respondent/Complainant For Petitioner : Mr.S.Selvakumar 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.105 of 2026 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 30.03.2026 for the offences punishable under Sections 6(a) and 24(1) of Cigarette and Tobacco Products Act and Section 77 of JJ Act, in Crime No.105 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession 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 30.03.2026 and he is ready and willing to abide by any conditions which may be imposed by this Court.

¶4The learned Additional Public Prosecutor submitted that the petitioner is having six previous cases of similar in nature and the investigation is pending. Hence, he opposed to grant 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 Judicial Magistrate Court No.II, Madurai, 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 pay Rs.2,000/-(Rupees Two thousand only) to the credit of the District Siddha Medical Officer CCRI PKM, Account No.10767823177, IFSC Code: SBIN0000898, MICR CODE: 625002601, Branch:SBI Periyakulam; 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 9 BNS. (S S Y J)

06.05.2026 sji TO

1.The Judicial Magistrate Court No.II, Madurai.

2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Mathichiyam Police Station, Madurai City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J., sji ORDER IN CRL OP(MD) No.9214 of 2026 Date : 06.05.2026