Kamil v. The State Rep by the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on

31.07.2026 for the alleged offences punishable under Section 123 of BNS and Section 7(1) r/w 20(1) of COTPA Act, in Crime No.149 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner was found to be in illegal possession of 48 kgs and 800 gms of banned tobacco products. Hence, this case.

¶3The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that there is no previous case is pending against him. He also further submitted that the petitioner is in custody since 31.07.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant 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 31.07.2026, however, fairly conceded that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioners.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police, and carefully perused the entire materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the fact that the petitioner has been incarcerated since 31.07.2026, this Court is inclined to grant bail to the petitioner subject to certain conditions.

¶9Accordingly, 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 Judicial Magistrate No.5, Coimbatore, 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 their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two 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 5 [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.

21.08.2026 nvi Index: Yes/No Speaking/Non-speaking order 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

1.The Judicial Magistrate No.5, Coimbatore.

2.The Superintendent, Central Prison, Coimbatore.

¶3The Inspector of Police, Ukkadam Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras. Page5 of 5

N.RAMESH, J. nvi CRL.O.P.No.23486 of 2026

21.08.2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:21.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23486 of 2026 Kamil ..Petitioner Vs The State Rep by The Inspector of Police, Ukkadam Police Station, Coimbatore District. (Crime No.149 of 2026) ..Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.149 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Ramprasad For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)