Balaji v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Balaji, S/o.Perumal, No.103, Vellaiyakavandampatti, Iluppur Taluk, Meenaveli, Pudukkottai District.. ... Petitioner/Accused Vs The State of Tamilnadu, Rep By,The Sub Inspector of Police, Viralimalai Police Station, Pudukkottai District. Cr.No.60 of 2026.. ... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-C-33AB. For Anticipatory Bail in Cr.No.60 of 2026 on the file of the respondent police, ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on 13.02.2026 for the offences punishable under Sections 275 and 123 of BNS r/w Sections 6(a) and 24(1) of the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regualtion of Trade and Commerce, production, supply and Distribution) Act, 2003 in Crime No.60 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 1200 kgs of banned tobacco products. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from

13.02.2026. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Viralimalai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] The petitioner shall report before the respondent police daily at

10.30 a.m., until further orders; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J)

23.02.2026 VSG TO

1.The Judicial Magistrate Court, Viralimalai.

¶2The Superintendent, District Prison, Pudukkottai.

3.The Sub Inspector of Police, Viralimalai Police Station, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J., vsg ORDER IN CRL OP(MD) No.3830 of 2026 Date : 23/02/2026