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Judgment
The petitioner / Accused, who was arrested and remanded to judicial custody on 14.07.2026, for the offences punishable under Section 123 of BNS and Sections 6(b) & 24(1) of COTP Act, 2003, in Crime No.144 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that on 14.07.2026 at 09.00 a.m., when the respondent police were on picketing duty, they found that the petitioner is involved in illegal transportation of 17 kgs. of banned tobacco products. Hence, the case was registered and the petitioner was arrested.
The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 14.07.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.
The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner has two previous case. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner.
This Court heard both sides and perused the materials available on record.
Considering the facts and circumstances of the case and nature of the allegation against the petitioner, quantity involved in this case, that though the petitioner has two previous case, they are not similar in nature and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sattur, Virudhunagar District, and on further conditions that:
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of six weeks, thereafter as and when required for interrogation;
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 her 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 51730].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.