The court grants bail by balancing the duration of judicial custody and the recovery of evidence against the accused's criminal antecedents, provided strict conditions appear sufficient to ensure trial attendance and prevent witness tempering.

ORDER

The petitioner/sole accused, who was arrested and remanded to judicial custody on 13.05.2026 for the offences punishable under Sections 123, 275 of BNS , 2023 and Sections 6(b), 24(1) 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 (Care and Protection of Children) Act, 2015 in Crime No.153 of 2026, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 13.05.2026, the petitioner has illegally sold the banned tobacco products to the customer. At that time, the respondent Police arrested the petitioner along with 1.164Kg of banned tobacco products. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and is no way connected with the alleged offence and the petitioner is a physically challenged person and without others help, he cannot move from one place to another place.

Hence, he prays to grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side)

appearing for the respondent Police would submit that the petitioner is having eight previous cases, out of which, four cases were disposed of. Hence, he opposed to grant of bail to the petitioner.

5.Considering the above facts and circumstances and also the fact that the properties have been recovered and the petitioner is in judicial custody from 13.05.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.V, Trichy.

7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)On breach of any of the aforesaid conditions, the learned 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 5560];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.