Vel Karuppasamy v. The State Rep by the Inspector of Police

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

11.07.2026 for the alleged offences punishable under Sections 274, 275, 123 of BNS and Section 6(a) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), in Crime No.184 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner was found in illegal possession of 1,780 packets of "Hans" and "Coollip" banned tobacco products. Hence, the case was registered against him.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial confinement since

11.07.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed the grant of bail to the petitioner on the ground that a huge quantity of banned tobacco products was seized from his possession. He further submitted that the petitioner is a habitual offender with five previous cases recorded against him, out of which four cases are similar in nature. Hence, he prayed for the dismissal of the bail petition.

¶5Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) appearing for the State and perused the materials available on record. Page3 of 6

¶6Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, and the nature of the offence alleged, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶7Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) by way of Demand Draft to the Arginar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and on such deposit, 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, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Gummidipundi, and on further conditions that: [a] the sureties shall affix his 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 his identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and 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; Page4 of 6 [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance 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.

20.08.2026 kmm 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

¶1The District Munsif Cum Judicial Magistrate, Gummidipundi.

2.The Superintendent, Central Prison-II, Puzhal, Chennai.

3.

The

Inspector

of

Police F-2

SIPCOT

Police

Station, Gummidipundi, Tiruvallur District.

4.The Public Prosecutor, High Court, Madras. Page6 of 6

N.RAMESH, J. kmm CRL.O.P.No.23321 of 2026

20.08.2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23321 of 2026 Vel Karuppasamy ..Petitioner Vs The State Rep by The Inspector of Police F-2 SIPCOT Police Station, Gummidipundi, Tiruvallur District. Crime No.184/2026. ..Respondent PRAYER: To enlarge the petitioner on bail in Crime No.184 of 2026 pending investigation on the file of respondent police. For Petitioner : Mr.M.Sasikumar For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)