Nattar vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the offences punishable under Sections 123 of BNS, 2023, Section 24(1) of the Cigarette And Other Tobacco Products 2003 (COTPA) Act, in Crime No.128 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products, ie., 81 pockets of cool-lip and Ganesh 701 Tobacco(160 pouches). Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 06.02.2026. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has no previous cases.

However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; the petitioner is directed to file an undertaking affidavit before the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, stating that he understood the ill effect of cool-lip and he do not sell cool-lip in future;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 9 BNS.