Govindharaj vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 12.03.2026 for the alleged offences under Sections 296(b), 132 and 123 of the Bharatiya Nyaya Sanhita, 2023, and Section 24(1) of the COTPA Act, in Crime No.48 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in possession of 138 kgs 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 12.03.2026 and that, in any event, further custody of the petitioner 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 the petitioner has one previous case of similar nature and that he is on bail in that case.

Considering the nature of the allegations, the period of incarceration, the fact that the petitioner is on bail in the other case, and further taking into account that his continued custody is not required for the purpose of investigation, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioners are 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 XXIII Metropolitan Magistrate, Saidapet, Chennai 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.