Kamatchi vs State Rep. By The Station House Officer

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 01.05.2026 for the alleged offences under Sections 4(1)(i) and 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, read with Section 123 of the Bharatiya Nyaya Sanhita, 2023 and Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, in Crime No.156 of 2026 on the file of the respondent police, seeks bail.

It is the case of the prosecution that the petitioner, a woman aged about 46 years, was found in possession of 25 brandy bottles (180 ml each) and 2.20 kilograms of banned tobacco products. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 01.05.2026 and that, in any event, her further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that a major portion of the investigation has already been completed.

Considering the nature of the allegations, the period of incarceration undergone by the petitioner, the fact that a major portion of the investigation has already been completed, and also considering the fact that the petitioner is a woman, this Court is of the view that further custodial interrogation of the petitioner is not required and is inclined to enlarge her on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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, Uludurpet 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 everyday at 10.30 a.m. for a period of 30 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, 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 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];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.