Rajaram vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 23.05.2026 for the offences punishable under Sections 123, 351(3) of BNS, 2023 & under Sections 7, 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, in Crime No.160 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 23.05.2026, when the respondent police were on patrol duty at Aravakurichi Kadai Veedhi, Karadipatti, Thadakovil, Aariyur, the intercepted a car bearing Reg.No.TN-64-T-0909 and found that the accused were in illegal possession of 294 kg of tobacco products in 20 white colour sacks and 49 kgs of cool lip in 5 white colour sacks and 3,500 kgs of Kutka in 4 white colour sackes for illegal sale. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that no previous case is pending against the petitioner and he has been arrested and remanded to judicial custody on 23.05.2026. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and the other accused were found in illegal possession of banned tobacco products and the investigation is still pending. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that no previous case is pending against the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and the quantity involved in this case and no previous case is pending against the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif cum Judicial Magistrate Court, Aravakurichi, and on further conditions that:

[b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.