Marikannan vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 01.01.2026 for the offences punishable under Sections 123 of BNS, 2023 and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.1 of 2026 on the file of the respondent police. seek bail.

The case of the prosecution is that the petitioners herein had illegally found in possession of 1344 packets of banned tobacco products and a cash sum of Rs.2,01,000/-. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 01.01.2026. Hence, he seeks bail to the petitioners.

The learned Government Advocate (Crl.Side) submitted that the property has been recovered and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioners.

Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant interim bail to the petitioners till 02.02.2026, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on interim bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) each to the credit of The Head Master, Government Higher Secondary School, Odaipatty, Theni District, in SBI Account No.11268003539, IFSC No.SBIN0000764, State Bank of India, South Car Street, Uthamapalayam, Theni District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under ''Namakku Name'' Scheme, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., till 02.02.2026.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

Post the matter on 02.02.2026. Further, the petitioners are directed to appear before this Court on 02.02.2026.