Ravindar Choudhri vs State

L.Victoria Gowri, J

1.The petitioner, who was arrested and remanded to judicial custody on 26.03.2026 for the alleged offences under Sections 123 and 286 of the Bharatiya Nyaya Sanhita, 2023, (328, 284 of Indian Penal Code, 1860) r/w 24(1) of COTPA Act, in Crime No.92 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 11 kg of banned tobacco products. Hence, the present case was registered.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case without any basis. It is further submitted that the petitioner is ready to cooperate with the investigation and will appear before the respondent police as and when required. The learned counsel further contended that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prayed for the grant of bail to the petitioner

The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution's case and submitted that there are a total of three accused in this case and the petitioner was arrested on 26.03.2026. He further submitted that seven previous cases are pending against the petitioner

At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.20,000/- to any association. Hence, he prays for grant of bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case, the nature of the allegations and the submissions made by learned counsel on either side, and taking note of the period of incarceration undergone by the petitioner as well as the fact that the petitioner has volunteered to deposit a sum of Rs.20,000/- to the credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is inclined to grant bail to the petitioner subject to certain conditions.

Accordingly, the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered to be released on bail on his 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 No.II, Tiruppur 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 two weeks and thereafter as and when required for interrogation;

[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 P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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