Saravanan vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 26.01.2026 for the alleged offence under Sections 24(1) of Cigarette and Other Tobacco Products Act 2003 and Section 123 of B.N.S.,2023 in Crime No.46 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner was running a Beeda shop and while the respondent police along with team on his regular patrol, based on secret information regarding illegal sale of banned tobacco products, the police officials intercepted the accused and during search they seized 17 packets of Hans and 7 packets of Cool Lip weighing a total of 428.20 grams from the first petitioner and the other accused was found in possession of a white sack containing 96 packets of Hans and 40 packets of Cool Lip weighing a total of 2.424 Kilograms. Hence the petitioner was arrested and he is in judicial custody since 26.01.2026. Hence, the case has been registered.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in incarceration since 26.01.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution's case and, upon instructions, submitted that the petitioner is involved in three previous cases of similar in nature has been registered against him. Hence, he opposed to grant bail to the petitioner.

I have considered the submissions made on both sides and also perused the records available.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and this Court has granted bail to the co-accused in Crl.O.P.No.3654 of 2026, on 16.02.2026 and though three previous cases of similar in nature has been registered against the petitioner considering the quantity of contraband seized from him, this Court is inclined to grant bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his 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.IV, Coimbatore, 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 learned respondent police daily at 10.30 a.m., for the period of four weeks and thereafter, as and when required for interrogation;

[c] 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];

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