Madras High Court upholds discretionary bail standards—granting relief in small-scale cigarette sales to minors, reaffirming P.K. Shaji guidelines; binding on subordinate courts, persuasive elsewhere.
Summary
| Category | Data |
|---|---|
| Case Name | Crl O.P. 22866 of 2025 of Thangarasu Vs State rep. by Inspector of Police |
| CNR | HCMA011803732025 |
| Date of Registration | 13-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | Honourable Dr. Justice G. Jayachandran |
| Court | Madras High Court |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts |
| Overrules / Affirms | Affirms existing bail principles |
| Type of Law | Criminal law (bail under BNS 2023; TN Prohibition of Smoking and Splitting Act 2003; JJ Act 2015) |
| Questions of Law | Whether bail under Section 483, BNS 2023 should be granted having regard to nature of offence, quantity of contraband and custody period |
| Ratio Decidendi |
The court exercised its inherent power under Section 483 BNS 2023 to grant bail after considering that the contraband (cigarettes worth ~₹1,500) was of small quantity, the offence was not of a heinous character, and the petitioner had undergone significant pre-trial custody. It held that discretionary bail must balance public interest against the rights of the accused, and that conditions (deposit, sureties, reporting) can secure attendance and prevent abuse. Reliance was placed on Supreme Court guidelines in P.K. Shaji v. State of Kerala for framing bail conditions. |
| Judgments Relied Upon | P.K. Shaji v. State of Kerala, (2005) 13 SCC 283 |
| Logic / Jurisprudence / Authorities Relied Upon |
|
| Facts as Summarised by the Court | The petitioner, running a petty shop near a school, sold cigarettes to students; tobacco products worth ~₹1,500 were seized; he was arrested and remanded on 23.07.2025. |
| Citations | Crl O.P. 22866 of 2025; P.K. Shaji v. State of Kerala, (2005) 13 SCC 283 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Tamil Nadu |
| Persuasive For | Other High Courts |
| Follows | P.K. Shaji v. State of Kerala, (2005) 13 SCC 283 |
What’s New / What Lawyers Should Note
- Confirms that under Section 483 BNS 2023, bail may be granted where seized contraband is of small value (~₹1,500) and the accused has already undergone substantial custody.
- Reinforces application of P.K. Shaji v. State of Kerala guidelines for framing bail conditions (deposit, sureties with ID proof, periodic reporting).
- Demonstrates court’s balance between public interest and individual liberty in minor, non-heinous offences involving minors.
- Shows procedural requirement to affix photographs and thumb impressions of sureties per Judicial Form No. 46.
Summary of Legal Reasoning
- Nature of Offence & Quantity: Recognised that offence involved sale of cigarettes to minors under BNS 2023, TN Prohibition Act and JJ Act, with contraband valued at ~₹1,500.
- Custody Period: Noted over three weeks of pre-trial incarceration since 23.07.2025.
- Discretion under Section 483 BNS 2023: Exercised inherent power to grant bail in non-heinous, private-impact cases.
- Precedent Application: Applied P.K. Shaji guidelines to fix bail amount (₹10,000) and conditions (sureties, reporting).
- Conditions for Release: Directed deposit of ₹10,000, two sureties with ID verification, daily police reporting, and warning of proceedings under Section 269 BNS for absconding.
Arguments by the Parties
Petitioner (Thangarasu):
- Senior citizen falsely implicated.
- Merely assisted his son in petty shop.
- Offence minor in nature; undue hardship in custody.
Respondent (State / Inspector of Police):
- Emphasised sale of tobacco to minors.
- Opposed bail due to nature of crime and public health concerns.
Factual Background
Thangarasu, a senior citizen, assisted in running a small shop near a school. On 23.07.2025 police allege he sold cigarettes to young students, seizing tobacco products valued at approximately ₹1,500. He was arrested and remanded in Crime No. 601 of 2025 under Sections 274, 275, 123 BNS 2023; Sections 7 & 9(ii) TN Prohibition of Smoking and Splitting Act 2003; and Section 77 JJ Act 2015. He filed Crl O.P. 22866 of 2025 seeking bail.
Statutory Analysis
- Section 483, BNS 2023: Court used its inherent jurisdiction to grant bail in appropriate cases, emphasizing discretion.
- TN Prohibition of Smoking and Splitting Act 2003 & JJ Act 2015: Invoked for offences against public health and minors; no novel interpretation offered.
- Judicial Form No. 46 (Criminal Rules of Practice 2019): Mandated for surety identification.
Alert Indicators
- Precedent Followed – Existing bail principles affirmed.
Citations
- Crl O.P. 22866 of 2025 (Madras HC, 18-08-2025)
- P.K. Shaji v. State of Kerala, (2005) 13 SCC 283