Bail granted after 66 days custody for possession of banned tobacco products under COTPA and BNS; earlier bail dismissed; conditions include daily police reporting.
Bail granted with conditions including bond of Rs.20,000 with two sureties, daily reporting to police for three weeks, and other conditions. ¶25
The petitioner is ordered to be released on bail on executing a bond for Rs.20,000 with two sureties each for a like sum, subject to conditions including daily reporting to police for three weeks, not absconding, not tampering with evidence, and breach consequences including fresh FIR under Section 269 BNS. ¶25
Crl.O.P.No.35185 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2025
CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR
Crl.O.P.No.35185 of 2025
Manohar Singh ... Petitioner
-vs-
State Rep by, The Inspector of Police, Tharamangalam Police Station, Salem District. (Crime No.591 of 2025) ... Respondent
Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.591 of 2025 pending investigation on the file of the respondent police.
For Petitioner : Mr.M.Selvendran For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side)
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ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.10.2025, for the alleged offence punishable under Sections 7, 20(2) of COTPA Act and Sections 123, 62 and 275 of BNS, in Crime No.591 of 2025, on the file of the respondent police, seeks bail.
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[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., for a period of three weeks and thereafter as and when requires for interrogation by the respondent police;
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[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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.12.2025
rna
Note:
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without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
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K. RAJASEKAR, J.
rna
Crl.O.P.No.35185 of 2025
19.12.2025
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1 issue framed by the court
Whether the petitioner, who has been in judicial custody for more than 66 days for alleged possession of 226 kgs of banned tobacco products and having a previous similar case, should be granted bail despite earlier dismissal of bail application.¶24
Colour shows how this judgement treated each authority
P.K. Shaji v. State of KeralaRelied on¶34
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
5 provisions across 4 enactments
How this case reached the court
The petitioner was arrested and remanded to judicial custody on 15.10.2025 for alleged offences under Sections 7, 20(2) of COTPA Act and Sections 123, 62 and 275 of BNS in Crime No.591 of 2025¶17
Tharamangalam Police Station, Salem District · 15.10.2025
Earlier bail application in Crl.O.P.No.32683 of 2025 dismissed vide order dated 28.11.2025¶24
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
