Savaram vs State

P.Dhanabal, J

The petitioner, who was arrested on 08.03.2026 and remanded to judicial custody on the same day for the offences punishable under Sections 112(2), 275 & 123 of BNS r/w. Section 24(1) of the Cigarette and other Tobacco Products Act in Crime No.89 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in possession of 250 Kgs of Hans. Hence the case.

Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that, he is in custody for more than two months and that, this is the first bail petition filed by the petitioner. Hence, he prayed that the petitioner may be released on bail.

Learned Government Advocate (Criminal Side) appearing for the respondent submitted that investigation is pending and the offences are grave in nature and though there are no previous cases pending against the petitioner, however, there is a specific overt act attributed against him. Hence, he strongly opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side and also considering the fact that there is no previous case pending against the petitioner and also considering the period of incarceration of the petitioner from 08.03.2026, I am inclined to grant bail 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 learned Judicial Magistrate No.I, Panruti, Cuddalore District 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 four weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not commit any offence similar to the offence of which he is an accused, or suspected, or of the commission of which he 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 them 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 of B.N.S.