Savariraj vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 17.12.2025 for the offences punishable under Sections 123 of BNS, 2023 and Section 24(1) Cigarette and Other Tobacco Products Act in Crime No. 752 of 2025 on the file of the respondent police. seeks bail.

The case of the prosecution is that the petitioner herein had illegally found in possession of banned tobacco products. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 17.12.2025. Hence, he seeks bail to the petitioner.

The learned Government Advocate (Crl.Side) submitted that there are three previous cases pending against the petitioner and the property has been recovered. However, he opposed for grant of bail to the petitioner.

5.This Court has already granted interim bail to the petitioner and directed to submit an undertaking stating that the petitioner would not sell Cool Lip in future. The petitioner has submitted the undertaking. He also understood the effects of Cool Lip. Therefore, considering the undertaking given by the petitioner, the interim bail already granted is made absolute. Therefore, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on the conditions that :-

[a] 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.

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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

The sureties already submitted by the petitioner shall hold good.