CRL OP No. 18601 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18601 of 2026 1. Suresh 2. Sundaresan ..Petitioner(s) Vs The State Rep by The Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District. Crime No.181 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioners on bail in Crime No.181 of 2026 Pending investigation on the file of the respondent and thus render justice. For Petitioner(s): Mr.E.Sathiyaraj For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioners, who were arrested and remanded to judicial custody on 05.07.2026 for the alleged offences under Sections 123, 275 of the BNS, and Section 24 (1) of the COTPA Act, 2003 in Crime No.181 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioners were found in illegal possession of 12.8 kg of banned tobacco products. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 18601 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioners submitted that the petitioners are innocent and have been in custody since 05.07.2026. He also submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and willing to co-operate for investigation. Hence, he prays to grant bail to the petitioners. 4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners were found in possession of 12.8 kg of banned tobacco products. He further submitted that the first petitioner has no previous case, whereas the second petitioner has one previous case of a similar nature. He further contended that, if the petitioners are released on bail, they may indulge in similar offences. Hence, he opposed for grant of bail to the petitioners. 5.Though the second petitioner has one previous case, taking into consideration the fact that the first petitioner has no criminal antecedents and that the petitioners have been incarcerated since 05.07.2026, this Court is of the firm view that their further custody is not necessary for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioners with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 18601 of 2026 __________ Page3 of 4 6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Kalasapakkam, Tiruvannamalai District, 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 petitioners shall report before the respondent Police daily at 10.30 a.m until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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. 18601 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 15-07-2026 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, Kalasapakkam, Tiruvannamalai District. 2.The Superintendent of Prison, Sub Jail, Polur, Tiruvanamalai District. 3.The Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District. 4.The Public Prosecutor High Court of Madras. CRL OP No. 18601 of 2026 https://www.mhc.tn.gov.in/judis