Malarvizhi Vs The State Rep by The Inspector of Police

... Respondent/Complainant For Petitioner : Mr.A.Manikandan, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :- C-33B for Bail in crime no102/2026 on the file of the Respondent Police

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

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CRL OP(MD). No.13756 of 2026

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ORDER : The Court made the following order :-

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The petitioner /Accused No.2, who was arrested and remanded to judicial custody on 01.07.2026, for the offences punishable under Sections 123 of BNS and Section 6(b) and 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.102 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 possession of banned tobacco products, weighing about 11 kilograms in a two wheeler. Hence, the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has no previous case and she is in custody from 01.07.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

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

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CRL OP(MD). No.13756 of 2026

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The learned Counsel appearing for the State (Crl. Side)

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reiterated the prosecution case and reported that the petitioner has no previous case and the quantity involved in this case is huge quantity namely 11 kilograms. Investigation is still pending. He opposed the grant of bail to the petitioner.

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This Court heard both sides and perused the materials available on record.

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Considering the facts and circumstances of the case, the nature of offence, that the petitioner has no previous case, considering the quantity involved in this case and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions.

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[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, and on

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CRL OP(MD). No.13756 of 2026

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further conditions that:

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[b] the petitioner shall report before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, on all working days at 10.30 a.m., for a period of three weeks, thereafter as and when required for interrogation before the respondent Police;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with

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

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CRL OP(MD). No.13756 of 2026

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law as if the conditions have been imposed and the petitioner

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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 51730].

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[g] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 BNS.

(K R S J) 09.07.2026

VSG

TO