Balasubramani vs The State Rep By The Sub Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 10.08.2026 for the alleged offences under Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, read with Section 123 of the Bharatiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.253 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 90 kgs of banned tobacco products. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case without any basis. It is submitted that the petitioner has been in judicial custody since 10.08.2026 and that the petitioner is ready to cooperate with the investigation. The learned counsel would further contend that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was found in possession of banned tobacco products and that one previous case is pending against the petitioner. However, he opposed to grant bail to the petitioner.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Considering the submissions made by the learned counsel on both sides, this Court is of the view that though the petitioner was found in possession of banned tobacco products, there is one previous case is pending against him and taking into account that the petitioner has been in judicial custody since 10.08.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on him executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate-I, Perambalur District, and subject to the following conditions:

[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 file an affidavit before the learned Judicial Magistrate, undertaking that he shall not indulge in the sale or distribution of banned tobacco products to children. In any event of any complaint being received against him in this regard, the bail granted to the petitioner shall stand cancelled automatically.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners 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];

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