Parasuraman And Others vs State

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 08.03.2026 for the alleged offences under Sections 7(5), 20(2) of the Cigarette and other Tobacco Products Act, 2003 read with Section 123 of BNS read with Section 328 of IPC, in Crime No.18 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioners were involved in illegal possession of 126 kgs of banned tobacco products. Hence, the case.

The learned counsel appearing for the petitioners submitted the petitioners are innocents and they have been falsely implicated in this case. He further submitted that the petitioners were remanded to judicial custody on 08.03.2026 . Hence, he prayed for grant of bail to the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have no bad antecedents. However, he opposed for grant of bail to the petitioners.

Considering the fact that the petitioners have no bad antecedents and the totality of the circumstances and the fact that the petitioners are in judicial custody since 08.03.2026 and for such type of offences, investigation might have completed and that further custodial interrogation of the petitioners does not appear to be necessary at this stage, this Court is inclined to enlarge the petitioners 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 Judicial Magistrate, Katpadi, and on further conditions that:

[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 petitioners shall report before the respondent police twice a day at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required for interrogation;

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

[d] the petitioners 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 pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.