Mathina v. The State Represented by Inspector of Police,

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

16.06.2026 for the alleged offences under Sections 123 of the Bharatiya Nyaya Sanhita, 2023 and 24 (1) of the COTPA Act, in Crime No.153 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 43.79 kg of banned tobacco products. Hence the case. Page2 of 4

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 16.06.2026. He further stated that although the petitioner has five previous cases, all of them are under Prohibition Act, and are not similar in nature. 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 reiterated the prosecution case and submitted that the petitioner was found in possession of 43.79 kg of banned tobacco products. He further contended that, if she is released on bail, she may indulge in similar offences. Hence, he opposed for grant of bail to the petitioner.

5.Taking into consideration the fact that the petitioner is a woman and that she has been incarcerated since 16.06.2026, this Court is of the firm view that her further custody is not necessary for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on her 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 Page3 of 4 Judicial Magistrate, Cheyyar, Tiruvannamalai, 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 not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [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]; [f] 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. Page4 of 4

C.KUMARAPPAN, J. EP To

1.The Judicial Magistrate, Cheyyar, Tiruvannamalai.

2.The Superintendent of Prison, Special Prison for Women, Vellore.

3.The Inspector of Police, Dusi Police Station, Tiruvannamalai Dt.

4.The Public Prosecutor High Court of Madras. 14-07-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mathina ..Petitioner(s) Vs The State Represented by Inspector of Police, Dusi Police Station, Tiruvannamalai Dt. Ref.Cr.No.153 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the Petitioner on bail in connection with Crime No.153 of 2026 on the file of the respondent Police. For Petitioner(s): Mr.M.Raja For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )