Shivananda vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 22.08.2026 for the alleged offences under Sections 123 of BNS r/w Section 24(1) of Cigarettes and other Tobacco Products (COTPA) Act, in Crime No.286 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused were found in possession of 29.594 kgs of banned tobacco products with the help of a car and the same were seized by the respondent police. Hence, the case was registered.

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 22.08.2026 and that the petitioner is ready to cooperate with the investigation. He further submitted that the co-accused was granted bail by this Court in Crl.OP.No.25589 of 2026 dated 10.09.2026. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are no previous cases pending against him. 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 facts and circumstances of the case, nature of the allegations, the co-accused was already released on bail by this Court and the fact that the petitioner has no previous cases and also considering the period of incarceration already undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail on certain conditions.

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 for a like sum each to the satisfaction of the learned Judicial Magistrate No.II, Kallakurichi, 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 report before the respondent police daily at 10.30 a.m. until further orders;

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

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

[e] 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];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. be noted, this order when uploaded in the