Patchaiyammal Vs The State Represented by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail concerned in Crime No.161 of 2026 pending on the file of the respondent.

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For Petitioner: Mr.P.Rajendran For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 29.06.2026 for the alleged offences under Sections 123 of Bharatiya Nyaya Sanhita, 2023 r/w 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.161 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner was found in 15

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packet of banned intoxicating tobacco products, each packet weigh 15 grams. Hence the case.

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

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CRL OP No. 19407 of 2026

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The learned counsel for the petitioner would submit that the petitioner

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is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 29.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner is having two previous cases.

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5. I have given anxious consideration to the submissions made by the learned counsel on either side.

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From the submissions of the learned counsel for both sides, this Court is of the view that the quantity involved in the present case is only a small quantity. Though the petitioner is having two previous cases, considering his long incarceration since 29.06.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

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

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CRL OP No. 19407 of 2026

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Accordingly, 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

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two sureties for a like sum each to the satisfaction of the learned XV Metropolitan Magistrate Court, George Town, 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. for a period of two weeks and thereafter as and when required for interrogation;

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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. 19407 of 2026

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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.

21-07-2026

NSL

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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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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