Saraswathi v. The State Rep by Its, Station House Officer,

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

11.07.2026 for the alleged offence under Section 123 of BNS, 2023 r/w 24(1) of of Cigarette and Other Tobacco Products Act, 2003 in Crime No. 287 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

2.The case of the prosecution is that on 11.07.2026, when the respondent police were on their regular patrol duty, they found that the petitioner was indulged in illegal sale of banned tobacco products viz., Hans @ Gudka Hans @ Gutka 105 pieces (each 20 grams) totally 2.100 Kgs. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 11.07.2026 and no previous case is pending against the petitioner. However, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), though there Page3 of 5 is allegation made against this petitioner, the learned Government counsel fairly conceded that the petitioner has no criminal antecedents. Considering the fact that the petitioner has no criminal antecedents and considering the period of incarceration of the petitioner since 11.07.2026 and further the petitioner, being a woman, this Court is of the firm view that further custody of the petitioner for the purpose of investigation is not required. Hence, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

¶7Accordingly, 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-II, Ulundurpet, and on further conditions that: [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 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, Page4 of 5 the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in acc with law as if the aforementioned 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. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22-07-2026 SHL 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. To:

¶1The Judicial Magistrate Court-II, Ulundurpet,

¶2The Sub Jail Women, Villupuram District.

¶3The Station House Officer, Thirunavalur Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19477oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19477oofo2026 22-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Saraswathi ..Petitioner Vs The State Rep by its, Station House Officer, Thirunavalur Police Station, Kallakurichi District. Crime No.287/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.287 of 2026 on the file of the respondent police. For Petitioner: M/s.R.Raji For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)