Arumugam v. The State Rep by the Inspector of Police

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

27.06.2026 for the alleged offences under Section 24 (1) of the TOBACCO Act, r/w Section 123 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.258 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 3.76 kg of banned tobacco products. Hence the case. Page2 of 6

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 27.06.2026. He further 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.

4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was found in possession of 3.76 kg of banned tobacco products. He further contended that, if the petitioner is released on bail, he may indulge in similar offences. He further submitted that the petitioner has two previous cases of a similar nature. Hence, he opposed for grant of bail to the petitioner.

5.Although, the learned Government Advocate (Criminal side) opposed the bail application on the ground that the petitioner has two previous cases of a similar nature, taking into consideration the fact that the petitioner is sixty-five years old and that he has been incarcerated since 27.06.2026, 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. At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.30,000/- as non-refundable deposit to any of the welfare scheme without prejudice to their defence. Page3 of 6

¶6Accordingly, 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 two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Alandur, Chengalpattu District, and subject to the following conditions: [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; [b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks; thereafter as and when required for interrogation;

(c) the petitioner shall make a non-refundable deposit of Rs.30,000/- (Rupees Thirty Thousand only) in favour of the Dean, Government Stanley Medical College and Hospital, Chennai, to comply with the conditions imposed by this Court in Crl.O.P.No.18230 of 2026 dated

14.07.2026, within two weeks from the date on which the order copy is made ready, failing which, the bail shall stand automatically cancelled. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; Page4 of 6 [f] 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]; [g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 14-07-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

1.The Judicial Magistrate Court No.II, Alandur, Chengalpattu District.

2.The Superintendent of Prison, Central Prison, Puzhal.

3.The Inspector of Police J9, Thuraipakkam Police Station, Chengalpattu District.

4.The Public Prosecutor High Court of Madras. CRLoOPoNo.o18230oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o18230oofo2026 14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arumugam ..Petitioner(s) Vs The State rep by The Inspector of Police J9, Thuraipakkam Police Station, Chengalpattu District. Crime No.258 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner/Accused on Bail in Crime No.258 of 2026 on the file of the J9, Thuraipakkam Police Station at Chengalpattu District pending investigation on the file of the Respondent Police. For Petitioner(s): Mr.S.Mageshkumar For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )