CRL OP No. 17567 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17567 of 2026 Ezhumalai ..Petitioner(s) Vs The State represented by, The Inspector of Police, Kalamaruthur Police Station, Kallakurichi. Crime No.146/2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.146/2026 dated 11.06.2026 pending on the file of respondent Police. For Petitioner(s): Mr.K.Uthayanithi For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 12.06.2026 for the alleged offences under Sections 123 of BNS, 2023 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, in Crime No.146 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17567 of 2026 __________ Page2 of 4 2. The case of the prosecution is that the petitioner, along with the other accused was found in illegal possession of 1110 packets of banned tobacco products. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 12.06.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. He also stated that the petitioner is 62 years old. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that two previous cases have been registered against the petitioner, out of which one is similar in nature. Hence, he opposed for grant of bail to the petitioner. 5.Considering the fact that the petitioner has been incarcerated since 12.06.2026, and that the petitioner is aged about 62 years, this court is of the firm view that his further custody is not necessary for the purpose of investigation. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 17567 of 2026 __________ Page3 of 4 6. Accordingly, 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 II, Ulundurpet, and subject to the following conditions: [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, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; https://www.mhc.tn.gov.in/judis CRL OP No. 17567 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 08-07-2026 ep Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. 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 1.The Judicial Magistrate II, Ulundurpet. 2.The Superintendent of Prison, Central Jail, Cuddalore. 3.The Inspector of Police, Kalamaruthur Police Station, Kallakurichi. 4.The Public Prosecutor High Court of Madras. CRL OP No. 17567 of 2026 https://www.mhc.tn.gov.in/judis