Maharajan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR S.Maharajan, S/o.Sounthirapandiyan, 160/19, Kurinchi Nagar 3rd Street, Kurichi Nagar, Thoothukudi District.. ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, Eppodumventran Police Station, Thoothukudi District. Cr.No.135/2026.. ... Respondent/Complainant For Petitioner : Mr.Anand R., Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Crime No. 135 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 24.06.2026 for the offences punishable under Section 123 BNS and Section 24(1) of Cigarettes and other Tobacco Products Act (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, in Crime No.135 of 2026, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 24.06.2026, at about 08.30 a.m., the petitioner along with other accused were found in possession of 49 pockets of VI Tobacco and 50 pockets of Vimal Pan Masala. Hence, the complaint.

¶3No doubt, the petitioner's earlier bail petition in Crl.O.P.

(MD)No.13906 of 2026 was dismissed by this Court vide order dated

10.07.2026.

¶4The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 24.06.2026. Hence, he prayed to grant bail to the petitioner.

¶5The learned Counsel for State of TN (Criminal Side) appearing for the respondent police would submit that 4.500 kgs of banned tobacco products was recovered from the petitioner along with other accused. He would further submit that the petitioner is having seven previous cases, out of which, six cases are similar in nature. Hence, he opposed to grant bail to the petitioner.

¶6At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner will file an undertaking affidavit that he will not indulge in any such offence in future before the concerned Judicial Magistrate at the time of furnishing the sureties. He would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court.

¶7Considering the above facts and circumstances and also the facts that the petitioner is in judicial custody from 24.06.2026 and that as rightly pointed out by the learned counsel appearing for the petitioner that the previous cases were registered in the year 2023, this Court is inclined to grant bail to the petitioner subject to the following conditions:

¶8Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ottapidaram, and on further condition that:

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate / concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount.

(iii)the petitioner shall file an undertaking affidavit that he will not indulge in any such offence in future, before the concerned Judicial Magistrate with necessary application. On filing of such undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties;

(iv)the petitioner shall report before the respondent police daily at

10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(v)the petitioner shall not tamper with evidence or witness;

(vi)the petitioner shall not abscond during trial;

(vii)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].

(viii)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

19.08.2026 VSG TO

1.The learned Judicial Magistrate, Ottapidaram.

2.The Superintendent, District Jail, Peraurani, Thoothukudi.

3.The Inspector of Police, Eppodumventran Police Station, Thoothukudi District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.17860 of 2026 Date : 19/08/2026