Chanthankumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 17.03.2026 for the alleged offence under Section 24(1) of COTPA, 2023 and Section 123 of BNS, 2023, in Crime No.103 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found to be in illegal possession of 39 kgs of banned tobacco products. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has been under incarceration since 17.03.2026. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of bail.

The learned Government Advocate would oppose the bail application on the ground that the petitioner has four previous cases.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Though the learned Government Advocate would strongly oppose bail application on the ground that the petitioner is having four previous cases, the learned counsel for the petitioner would submit that those four cases have been disposed of. However, while looking into the factual position that the petitioner is under incarceration since 17.03.2026 and that the recovery of tobacco produces is only 39 kgs. Hence, considering the long incarceration of the petitioner since 17.03.2026, this Court is of the firm view that further incarceration of the petitioner does not require. Hence, this Court is inclined to enlarge him on bail with certain stringent conditions:

Accordingly, 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 Judicial Magistrate Court -IV, Coimbatore, 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 daily at 10.30 a.m and 5.30 p.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 petitioners 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.