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Judgment
ORDER
The petitioners, who was arrested and remanded to judicial custody on 30.08.2026 for the alleged offence under Sections 275 and 123 of Bharatiya Nyaya Sanhita (BNS) 2023, read with Section 24(1) of the Cigarettes and Other Tobacco Products (COTPA) Act, 2003, in Crime No.226 of 2026, on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioners were found in possession of 47 kilograms of banned tobacco products. Hence, the complaint.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought bail for the petitioners.
The learned Government Advocate (Criminal side) appearing for the respondent Police, reiterated the case of the prosecution, and on instructions, submitted that the first petitioner/Balaji has two previous cases pending against him, while the second petitioner has no previous cases. Hence, he opposed for the grant bail to the petitioners.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and also considering the period of incarceration of the petitioners since 30.08.2026, this Court is of the firm view that further incarceration of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- each (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the Learned Judicial Magistrate No.2, Vridhachalam, 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 first petitioner/Balaji is directed to produce a Demand Draft for a sum of Rs.10,000/- (Rupees Ten Thousand only) in favour of ‘The Director/ Dean, of the Government Arignar Anna Memorial Cancer Hospital & Research Institute, Karapettai in Kancheepuram District, (Non refundable) before the learned Judicial Magistrate No.2, Vridhachalam, at the time of executing the bond;
[c] On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the concerned Medical Officer. Upon receipt of the said amount, the Medical Officer shall realise and utilise the same strictly in accordance with law for the welfare of the hospital;
[d] The first petitioner shall report before the respondent police daily at 10:30 A.M., for a period of three (3) weeks and thereafter as and when required for interrogation;
[e] The second petitioner/Ganesan shall report before the respondent police daily at 10:30 A.M., for a period of three (3) weeks and thereafter as and when required for interrogation;
[f] the petitioners shall not abscond either during the investigation or during the trial;
[g] the petitioners shall not tamper with the evidence or witness either during the investigation or during the trial;
[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners are 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]; [i] If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
23-09-2026 KLT Note:
Registry is directed to forthwith upload this order in the Official Website of this Court.
All 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
The Judicial Magistrate No.2, Virdhachalam.
The Sub-Jail, Virudhachalam.
The Inspector of Police, S.H.O. Karuveppilankurichi Police Station.
The Public Prosecutor, High Court of Madras.
N.Ramesh, J.
KLT 23-09-2026