Ranjith Vs The State Rep by the Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest by the Respondent Police concerned in Crime No.400 of 2026 on the file of Inspector of Police, Kallakurichi Police Station, Kallakurichi District on his appearance before the concerned Court.

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For Petitioner(s): M/S. Sasikumar S For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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The petitioner apprehends arrest for the alleged offences under Sections

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24(1) of Cigarettes and other Tobacco Products Act (COTPA) read with Sectino

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123 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.400 of 2026, on the file

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CRL OP No. 19150 of 2026

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of the respondent police seeks anticipatory bail.

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The case of the prosecution is that Accused Nos.1 and 2 were found in possession of banned tobacco products, namely Cool Lip – 300 packets, Hans – 257 packets, Pan Masala – 35 packets, and VI Tobacco – 52 packets. Based on the confession allegedly given by Accused Nos.1 and 2, the name of the petitioner was implicated in the case. Hence, the complaint.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the case solely on the basis of the alleged confession of the co-accused. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail.

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The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioner submitted that a total quantity of 107 kilograms of banned tobacco products was involved in the case. He further submitted that the petitioner has no previous criminal antecedents.

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5.This Court has considered the submissions made on either side.

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From the submissions made by the learned Government Advocate, it is seen that the petitioner has no criminal antecedents. This is a case in which Cool

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Lip – 300 packets, Hans – 257 packets, Pan Masala – 35 packets, and VI Tobacco – 52 packets of banned tobacco products were seized, and the main accused have already been arrested. In such circumstances, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain following conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.1, Kallakurichi, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(a) If the petitioner fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form

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CRL OP No. 19150 of 2026

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No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of fifteen [15] days and thereafter as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.

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20-07-2026

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JRS

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CRL OP No. 19150 of 2026