Deepakraja And Others vs State Of Tamil Nadu

L.Victoria Gowri, J

The petitioners / A1 and A2, who were arrested and remanded to judicial custody on 08.03.2026 for the offences punishable under Section 275, 123 of BNS and Section 7 and 20(1) of the Cigerettes and Other Tobacco Products Act, 2003 in Crime No. 48 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that on 08.03.2026, based on the secret information, when the defacto complainant/police were conducting raid, they found that the petitioners were in illegal possession of 399.89kgs of tobacco products. Hence the case.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the tobacco products were seized from the petitioners and they have been arrested and remanded to judicial custody on 08.03.2026. Therefore, prayed to grant bail for the petitioners.

The learned Additional Public Prosecutor appearing for the respondent would submit that the first petitioner has one previous case and the second petitioner has no previous case.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the quantity involved in this case and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vadipatti, and on further conditions that:

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. BNS.

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269.