Arumugam Vs State of Tamilnadu Rep by The Inspector of Police

PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.363 of 2026 on the file of the respondent police.

¶14

For Petitioner : Mr.G.Rajaguru, Advocate

¶15

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl. Side)

¶16

1/6

¶17

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

¶18

CRL OP(MD). No.14560 of 2026

¶19

ORDER : The Court made the following order :-

¶20

The petitioner / Sole Accused, who was arrested and remanded to

¶21

judicial custody on 26.06.2026, for the offences punishable under Sections 123 of BNS and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.363 of 2026 on the file of the respondent police, seeks bail.

¶22

The case of the prosecution is that, while the respondent police

¶23

were on vehicle checking duty, they intercepted the accused and found him in possession of 23.400 kilograms of banned tobacco products. Hence, the present case has been registered against the accused.

¶24

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has no previous case and he is in custody from 26.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

¶25

2/6

¶26

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

¶27

CRL OP(MD). No.14560 of 2026

¶28

4. The learned Counsel appearing for the State reiterated the

¶29

prosecution case and reported that the petitioner has two previous cases and the quantity involved in this case is huge quantity namely 23.400 kilograms. Investigation is still pending. Hence, he opposed the grant of bail to the petitioner.

¶30

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

¶31

Considering the facts and circumstances of the case, the nature of the offence, the quantity of the contraband involved, and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions:

¶32

[a] Accordingly, the petitioner is ordered to be released

¶33

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, Rajapalayam, Virudhunagar District, and on further conditions that:

¶34

3/6

¶35

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

¶36

CRL OP(MD). No.14560 of 2026

¶37

[b] the petitioner shall report before the respondent

¶38

police daily at 10.30 a.m., for a period of three weeks, thereafter as and when required for interrogation;

¶39

[c] the petitioner shall not commit any offence similar to

¶40

the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

¶41

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

¶42

[e] the petitioner shall not directly or indirectly make

¶43

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;

¶44

[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 law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.

¶45

4/6

¶46

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

¶47

CRL OP(MD). No.14560 of 2026

¶48

State of Kerala [(2005)AIR SCW 51730] .

¶49

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

¶50

be registered under Section 269 BNS.