Bail was granted under specific conditions due to insufficient evidence linking the accused to selling prohibited substances to minors.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused in Crime No. 1295/2025 of Kumarakom Police Station, Kottayam District. The offences alleged are punishable under Section 118(1) of the Kerala Police Act , Section s 6 & 24 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade And Commerce, Production, Supply and Distribution) Act, 2003 and Section 77 of the Juvenile Justice Act .

3. The prosecution case, in short, is that the applicant was found in possession of 14295 packets of Hans, a prohibited tobacco product, kept in his rented home, which is owned by Smt. Rahmat, W/o. Safarulla, Chericka louse, Killirorr Kara at Thiruvarppu Village at 6:15 p.m., on 29/11/2025. It is further alleged that the applicant has kept the same for distribution among school children. The de- facto complainant, with bonafide belief that the applicant has kept tobacco product in his house at Ambakuzhi Bhagom, Thiruvarpu Village conducted a search in the house and seized 19374 packets of Hans and 2816 packets of cool lips and Rs. 7,93,277/- kept for buying the prohibited tobacco products and thereby committed the offences.

4. I have heard Sri.K.Shaj, the learned counsel for the applicant and Smt.Sreeja V., the learned Senior Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The only non-bailable offence alleged against the applicant is under Section 77 of the Juvenile Justice Act . The prosecution has no case that the applicant sold tobacoo product to any child. The tobacoo products were seized from the residential house of the applicant. It is true that the applicant has strong criminal antecedents and is also involved in similar offences. However, in the absence of any material on record to show that the applicant either sold or offered to sell any tobacoo product to a child, I am of the view that the offence under Section 77 of the is not prima facie attracted.

7. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through