Authority: High Court of Judicature at Madras

Order Date: 05-11-2026

Case Overview

  • Parties: Petitioner Prabhakaran S/o Bose (resident, No.41/P, Ponnakkarai, Devakottai, Muppaiyur, Sivaganga) vs. The State represented by the Inspector of Police, 15‑Velampalayam Police Station, Tiruppur District (Crime No.429 of 2026).
  • Nature of Proceedings: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking enlargement of bail pending investigation.
  • Background: Petitioner was arrested and placed in judicial custody on 22‑10‑2026 for alleged offences under Section 123 of the BNS Act and Section 24(1) of the Cigarettes and other Tobacco Products (COTPA) Act, 2023. The prosecution alleges that the petitioner, along with another accused, was found in illegal possession of 419 kg of banned tobacco products. Ten prior prohibition cases are pending against the petitioner.
  • Counsel Submissions: Counsel for the petitioner (Mr. K. Kamal) argued innocence, willingness to cooperate, and readiness to abide by any court‑imposed conditions. The Government Advocate (Mr. M.M.I. Khaleel) opposed bail, highlighting the petitioner’s role as Accused 1 (A1) and the existence of multiple prior cases.

Final Outcome

  • The Court, after considering submissions and the nature of allegations, granted bail to the petitioner, subject to the following conditions:

1. Non‑refundable Deposit: Rs 50,000 to be deposited by Demand Draft to Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram; Account Name: Tobacco Court Penalty Fund; A/c No.7417027486, IFSC IDIB000K012; Branch: Kancheepuram.

2. Bond: Execution of a bond for Rs 25,000 with two sureties, each providing Rs 25,000, complying with Judicial Form No.46 (Criminal Rules of Practice, 2019).

3. Surety Formalities: Sureties must affix photographs and left thumb impressions; the Magistrate shall verify identity proof.

4. Daily Reporting: Petitioner must report daily before the respondent police at 10:30 a.m. until further orders.

5. No Absconding: Petitioner must not abscond during investigation or trial.

6. No Tampering: Petitioner must not tamper with evidence or witnesses.

7. Breach Consequences: On breach, the learned Magistrate/Trial Court may pass appropriate orders as per Supreme Court precedent P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Further FIR: If the accused absconds, a fresh FIR may be registered under Section 269 of the B.N.S.

  • The order directs the Registry to upload the order on the Court’s official website with watermark and QR code, and all concerned parties to act upon the uploaded order without requiring certified hard copies.

Topics: Bail Grant, Tobacco Prohibition, Criminal Procedure