Arumugam Vs The State rep by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.168 of 2026 pending on the file of the respondent police.

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For Petitioner(s) : Mr.R.Rajasekar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 06.07.2026 for the alleged offences under Sections 123 of the Bharatiya Nyaya Sanhita, 2023 r/w Section 24(1) of the COTPA Act in Crime No.168 of 2026 on the file of the respondent police, seek bail.

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

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Crl.O.P.No.20620 of 2026

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

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possession of 5.75 Kilograms of banned tobacco products. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 06.07.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has two previous cases. However he fairly submitted that they are not of similar nature and that a major portion of the investigation has already been completed.

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5. Though the petitioner has two previous cases, considering the fact that they are not of similar nature. Hence, considering the period of incarceration undergone by the petitioner, and also the fact that a major portion of the investigation has already been completed, 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.O.P.No.20620 of 2026

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

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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 Judicial Magistrate, Cheyyar 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 everyday 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 petitioners 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.O.P.No.20620 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.

30.07.2026

dpa

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

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Crl.O.P.No.20620 of 2026

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To

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