Mohamed Rafiq, S/O.Sirajdeen vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 14.03.2026 for the alleged offence under Sections 6(a), 24(1) of COTPA Act and 123 of BNS, in Crime No.79 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 55 kgs 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 would further submit that the petitioner has no previous case and that the petitioner has been in incarceration since 14.03.2026. Hence, he prays to grant bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was found in possession of 55kgs of banned tobacco products. He would fairly submit that the petitioner has no previous cases. However, he opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and taking note of the fact that the petitioner has no previous case, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent conditions.

Accordingly, the petitioner is ordered to be released on bail on he 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 Judicial Magistrate -V, 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. for a period of two weeks.

[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

[f] if the petitioner thereafter absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.