Ramamoorthy vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.10.2025, for the offence punishable under Sections 274, 275 and 123 of BNS and Section 24(1) of COTPA Act in Crime No.170 of 2025, registered on the file of the respondent, seeks bail.

The allegation against the petitioner is that the petitioner was found in 3.3 kgs of banned tobacco products. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsley implicated in this case. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner.

Considering the the nature of offence and taking into account the period of incarceration, property already recovered and has no bad antecedents, this Court is inclined to grant bail to the petitioner with certain conditions:

Accordingly, the petitioner is 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 No.II, Tindivanam 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 petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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