Madras High Court (Madurai Bench) Grants Bail to Accused Held With 51.48 kg of Banned Tobacco Products on Rs.25,000 Non-Refundable Deposit to CMPRF

1. The first accused, arrested on 23.09.2026 and remanded for offences under Sections 123 and 286 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 in Crime No. 272 of 2026, was alleged to have been intercepted in a car carrying 51.48 kg of banned tobacco products worth about Rs.36,800/- (Paras 1–2, 4). Noting his custody since 23.09.2026, that the property was already recovered, that he had no previous cases, that the second accused had been granted bail and that he was ready to deposit an amount, the High Court granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on a bond of Rs.25,000/- with two sureties and conditions including a non-refundable deposit of Rs.25,000/- to the Chief Minister’s Public Relief Fund (CMPRF) (Paras 6–7).

Key Proposition: Where the accused has been in custody since arrest, the seized banned tobacco products have been recovered, he has no previous cases and a co-accused has been granted bail, bail may be granted on a surety bond, standard reporting conditions and a non-refundable deposit to the State relief fund, without prejudice to his defence.

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Regular bail – 51.48 kg of banned tobacco products – Custody since 23.09.2026, recovery effected, no previous cases, co-accused on bail – Held, bail granted with conditions. (Paras 4–7)
• Bail condition of non-refundable deposit of Rs.25,000/- to the credit of the Government of Tamil Nadu CMPRF, without prejudice to the accused’s rights before the trial court. (Para 7)
• Breach of bail conditions – Magistrate or trial court may act as if the conditions were imposed by itself (P.K. Shaji v. State of Kerala, (2005) AIR SCW 5560); fresh FIR under Section 269 BNS if the accused absconds. (Para 7)

Background / Synopsis :

• The petitioner, accused No. 1, was arrested and remanded on 23.09.2026 in Crime No. 272 of 2026 of Sattur Taluk Police Station, Virudhunagar District, for offences under Sections 123 and 286 BNS and Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. (Para 1)
• On 23.09.2026 the Sub-Inspector, on patrol, intercepted a car (TN-41-P-8228) whose driver tried to turn and escape; the petitioner and the second accused were apprehended and 51.48 kg of banned tobacco products were found; the third accused was implicated on a confession statement. (Para 2)
• The petitioner pleaded innocence and false implication. The State said there are three accused, the goods were worth about Rs.36,800/-, the second accused was granted bail on 09.10.2026 in Crl.O.P.(MD) No. 23147 of 2026 on conditions including a deposit of Rs.25,000/-, and the petitioner has no previous cases. (Paras 3–4)

Issues For Consideration :

• Whether the petitioner should be enlarged on bail under Section 483 BNSS, and on what conditions. (Paras 1, 6)

Submissions Of Parties :
Petitioner:

• He is innocent and falsely implicated, has been in custody since 23.09.2026 and, without prejudice to his rights, is ready to deposit any amount the Court imposes. (Paras 3, 5)

Respondent (State):

• There are three accused; 51.48 kg of banned tobacco worth about Rs.36,800/- was recovered; the second accused was granted bail on a Rs.25,000/- deposit; the petitioner has no previous cases. (Para 4)

Court's Observations & Analysis :
Re: Issue – Grant of bail

• The Court considered the facts and the petitioner’s readiness to deposit, his custody since 23.09.2026, that the property had already been recovered and that he had no previous cases, and found it appropriate to grant bail on conditions. The order does not discuss precedent on bail principles or the gravity of the offences. (Para 6)

Notable Observations:

• “the petitioner is ready and willing to deposit the amount that may be imposed by this Court” (Para 6)

Decision & Directions :

• Petitioner to be released on bail on executing a bond of Rs.25,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No. II, Sattur, subject to the following conditions. (Para 7)

1. The sureties shall affix photographs and left thumb impressions on the surety bond, and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to confirm identity.
2. The petitioner shall deposit Rs.25,000/- as a non-refundable deposit to the credit of the Government of Tamil Nadu CMPRF (Indian Overseas Bank, Secretariat Branch, Chennai), without prejudice to his rights and contentions before the trial court, and execute the sureties on showing the receipt.
3. He shall report daily at 10.30 a.m. before the respondent police for one month and thereafter as and when required for interrogation.
4. He shall not tamper with evidence or witnesses during investigation or trial.
5. He shall not abscond during investigation or trial.
6. On breach of any condition, the Magistrate or trial court may take action in accordance with law as if the conditions had been imposed by it (P.K. Shaji).
7. If the accused absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

• Costs: Not stated in judgment. Separate Opinions: None.

Legal Provisions Discussed & Precedents Cited :

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 (special powers of High Court or Court of Session regarding bail) ↔ Code of Criminal Procedure, 1973 – Section 439.
• Bharatiya Nyaya Sanhita, 2023 – Sections 123 and 286 (offences charged; the judgment does not describe them) ↔ Indian Penal Code, 1860 – Sections 328 and 284 respectively (editorial equivalents, to be verified); Section 269 (fresh FIR on absconding, as stated in the order).
• Cigarettes and Other Tobacco Products Act, 2003 – Sections 6(b) and 24(1) (offences charged; provisions not described in the judgment).
• Doctrines: bail with monetary and reporting conditions; custody period, antecedents and parity as relevant factors.
• P.K. Shaji v. State of Kerala, (2005) AIR SCW 5560 – Followed (action on breach of bail conditions).