Somtaram Vs The State Rep.by, The Inspector of Police

Prayer :- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Cr.No.259 of 2026 on the file of the Respondent Police.

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For Petitioner(s): Mr.C.R.Gokulvisvas For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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10.06.2026 for the alleged offences under Section 24 (1) of the COTPA Act,

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and Section 275 and 123 of the BNS, in Crime No.259 of 2026 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner was found in illegal

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possession of 277.800 kg of banned tobacco products. Hence the case.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16671 of 2026

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3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 10.06.2026. He further stated that the petitioner has no criminal antecedents. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and is ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

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4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was found in possession of 277.800 kg of banned tobacco products. He further submitted that the petitioner has no previous cases. However, he contended that, if the petitioner is released on bail, he may indulge in similar offences. Hence, he opposed for grant of bail to the petitioner.

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5.Although such a huge quantity of tobacco products was recovered, taking into consideration the fact that the petitioner has no criminal antecedents and he has been incarcerated since 10.06.2026, this Court is of the firm view that his further custody is not necessary for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16671 of 2026

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Accordingly, the petitioner is ordered to be released on bail on his

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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

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Judicial Magistrate No.V, Salem, and subject to the following conditions:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16671 of 2026

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C.KUMARAPPAN, J.

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[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

15-07-2026

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Note:

Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

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1.The Judicial Magistrate No.V, Salem.

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2.The Superintendent of Prison, Central Jail, Salem.

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3.The Inspector of Police, Kondalampatty Police Station, Salem District.

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4.The Public Prosecutor High Court of Madras.

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CRL OP No. 16671 of 2026