Venkatachalapathy vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 04.12.2025 for the alleged offence under Sections 24(1) of the Cigarettee and other Tobacco Products Act, 2003 and Section 123 of BNS, 2023 in Crime No.592 of 2025 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner along with other accused were in possession of 345 kgs of banned tobacco products. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and was in judicial custody since 04.12.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, the learned counsel prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and, upon instructions submitted that there is no previous case pending against the petitioner. He further submitted that investigation in this case has been completed and final report also filed. Hence, he opposed for grant of bail to the petitioner.

I have heard the learned counsel on either side and also perused the materials available on record.

6.Considering the facts and circumstances of the case, and also taking note of the submission made by the learned Government Advocate (Crl.Side) and the fact that there is no previous case pending against the petitioner and investigation in this case has been completed and final report also filed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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 District Munsif – Cum- Judicial Magistrate Court at Annur 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 appear before the respondent police daily at 10.30 a.m., for a 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.