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2026 DAILYLAW 62249 (MAD)

Raja Guad v. The State of Tamilnadu

CRL OP(MD)/17878/2026 · 2026-08-19

K Murali Shankar

body2026

Judgment text

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CRL OP(MD). No.17878 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.17878 of 2026 Raja Guad, S/o.Gopal Gaud, Hanuman Gali, Sarmathura, Dholpur, Rajasthan. Currently Residing At, No.F26, Customs Quarters, Karumandapam, Trichy Taluk,. ... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Inspector of Police, Cantonment Police Station, Trichy City, Tiruchirappalli. Cr.No.320/2026.. ... Respondent/Complainant For Petitioner : Mr.V. Karthikeyan, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) 1/6 CRL OP(MD). No.17878 of 2026 PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B.For Bail in Cr.No.320 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 05.08.2026 for the offences punishable under Section 123 of BNS, 2023, r/w Section 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.320 of 2026, on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner was found in illegal possession of 27 kgs of tobacco products, which are banned by the State Government and sold the same. Hence, the complaint. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. However, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be 2/6 CRL OP(MD). No.17878 of 2026 imposed by this Court. Hence, he prayed to grant bail to the petitioner. 4. The learned Counsel for State of TN (Criminal side) appearing for the respondent Police would submit that property has been recovered that the petitioner is not having any bad antecedents. However, he opposed to grant bail to the petitioner. 5. Considering the nature of the charges levelled against the petitioner and also the facts that the property has been recovered and that the petitioner is in judicial custody from 05.08.2026, this Court is inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No. 11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.II, Trichy. 3/6 CRL OP(MD). No.17878 of 2026 7. On production of such receipt/acknowledgment, 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 No.II, Trichy, and on further conditions that [a] 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., for a period of thirty (30) days and thereafter as and when required for interrogation. [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 4/6 CRL OP(MD). No.17878 of 2026 petitioner in accordance with law as if the 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)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. (K M S J) 19.08.2026 VSG TO 1.The learned Judicial Magistrate No.II, Trichy. 2. The Superintendent, Central Jail, Trichy. 3..The Inspector of Police, Cantonment Police Station, Trichy City, Tiruchirappalli. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 CRL OP(MD). No.17878 of 2026 K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.17878 of 2026 Date : 19/08/2026 6/6