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2026 DAILYLAW 48102 (MAD)

Periyasamy v. The State represented by the Inspector of Police

CRL OP/18086/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18086 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18086 of 2026 Periyasamy S/o. Katteri Perumal, 3/815, Selvi Nagar, Ration Kadai Opp, Veerapandi, Tiruppur, Tiruppur District. ..Petitioner(s) Vs The State represented by the Inspector of Police Palladam Police Station, Tiruppur District. Crime No.627/2026 ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the Petitioner on Bail in Crime No. 627 of 2026 on the file of the respondent police and thus render justice For Petitioner(s): Mr. Deepanuday For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who was arrested and remanded to judicial custody on 29.06.2026 for the alleged offence under Sections 275, 123 of BNS, 2023 and Section 20(2) of Cigarette and Other Tobacco Products Acts, 2003 in Crime No.627 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18086 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 102 kgs of banned tobacco products. Hence, this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that though the total quantity of banned tobacco products seized was 102 kgs, only 40 kgs were allegedly recovered from the possession of the petitioner. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and opposed the grant of bail on the ground that the petitioner has no previous cases pending against him. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. From the submissions made by the Government Advocate (Crl.Side) it https://www.mhc.tn.gov.in/judis CRL OP No. 18086 of 2026 __________ Page3 of 5 is seen that the petitioner has no previous cases, considering the period of incarceration since 29.06.2026, this Court is of the firm view that the petitioner’s further custodial interrogation is not required for the purpose of investigation. Accordingly, this Court is inclined to enlarge the petitioner on bail on certain conditions. 7. 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, for a like sum to the satisfaction of the learned Court of Sessions, Judicial Magistrate Palladam, Tiruppur, 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 petitioner shall report before the learned respondent police daily at 10.30 a.m., for a period of 15 days 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; [e] On breach of any of the aforementioned conditions, https://www.mhc.tn.gov.in/judis CRL OP No. 18086 of 2026 __________ Page4 of 5 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. 13-07-2026 DRL 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 Court of Sessions, The Judicial Magistrate, Palladam, Tiruppur. 2. The Inspector of Police Palladam Police Station, Tiruppur District. 3.The Superintendent, Sub Jail, Tiruppur. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18086 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 18086 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis