Pugazhendhi @ Pugalendhi v. State of Tamilnadu Rep by Inspector of Police, Inamkulathur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Pugazhendhi @ Pugalendhi ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Inamkulathur Police Station, Trichy District. (Crime No. 138/2026). ... Respondent/Complainant PRAYER :-For Bail in Crime No.138/2026 on the file of the respondent police. For Petitioner : Mr. Ramakrishnan S, Advocate. For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on 30.04.2026 for the offence punishable under Section 6(b) & 24(1) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and Section 123 of BNS, 2023, in Crime No.138 of 2026, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 29.04.2026, at about

01.30 p.m, when the respondent police was on patrol duty at Ammapettai, the petitioner and the other accused were found in illegal possession of banned tobacco products of 15.700 kg of Hans and 16.800 kg of Vimal Pan Masala. 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 has no previous case and the petitioner is in judicial custody from

30.04.2026. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that the petitioner and the other accused were found in illegal possession of banned tobacco products of 15.700 kg of Hans and 16.800 kg of Vimal Pan Masala and the investigation is still pending. Hence, he opposed for grant of bail to the petitioner. However, he fairly conceded that the petitioner has no previous case.

¶5Taking into consideration of the facts and circumstances of the case and considering the fact that the petitioner has no previous 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) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.V, Trichy, 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 make a non-refundable deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; 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.

13.05.2026 DSS TO

¶1The Judicial Magistrate Court No.V, Trichy.

¶2The Inspector of Police, Inamkulathur Police Station, Trichy District.

¶3The Superintendent, Central Prison, Trichy.

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

5.The President, Tiruchuli Bar Association, Virudhunagar District. K.K. RAMAKRISHNAN,J DSS ORDER IN CRL OP(MD) No.9412 of 2026 Date : 13/05/2026