Kuppuraj vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.02.2026 for the alleged offences under Sections 6(a) and Section 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 123 of Bharatiya Nyaya Sanhita, 2023, in Crime No.40 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was involved in the illicit transportation of 55 kilograms of banned tobacco products. Hence, the present case.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 13.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband involved in this case is 55 kilograms of banned tobacco products. However, he fairly submitted that the petitioner has no previous case against him.

I have considered the submissions made on both sides and also perused the records available.

Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, it is seen that 55 kilograms of banned tobacco products were seized from the accused. In view of the above circumstances, particularly considering the submission made by the learned Government Advocate (Crl.Side) that there is no previous case against the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions:

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.6, Coimbatore, 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 daily at 10:30 a.m. and 5.30 pm, for a period of two weeks 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 petitioner 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.