Jabeer Mohammed Vs State Of Tamilnadu Rep By Inspector Of Police, Srirangam

The petitioners, who were arrested and remanded to judicial custody on 10.01.2026 for the offences punishable under Sections 123 of BNS 2023 r/w Section 6 and 24(1) of the Cigarette and Other Tobacco Products Act, 2003, in Crime No.13 of 2026 on the file of the respondent police. seek bail.

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The case of the prosecution is that the petitioners were found in illegal possession of banned tobacco products. Hence, the complaint.

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The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners had already been granted interim bail by this Court on 29.01.2026 and they have co-operated with the investigation. He further submitted that the first petitioner has filed an affidavit of undertaking before this Court stating that he will not sell, distribute, or deal in tobacco products, while the second petitioner has not filed an affidavit as he was hospitalized. He further submitted that the petitioners are ready

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Court.

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and willing to abide by any conditions which may be imposed by this Court.

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The learned Additional Public Prosecutor submitted that the petitioners have co-operated with the investigation.

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Considering the facts and circumstances of the case and also the fact that the petitioners had complied with the conditions as imposed by this Court dated 29.01.2026. Further, the 1^st petitioner has appeared before this Court and filed an affidavit of undertaking stating that he shall refrain from involving himself in any such offence in the future. Hence, the interim bail already granted by this Court dated 29.01.2026 is made absolute on the following conditions:

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(a ) the 1^st petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The 2^nd petitioner is directed to file an affidavit of undertaking before the respondent police stating that he will not involved in any such offence in future and report before the respondent police daily at 10.30 a.m., after discharging from the hospital.

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[b] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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[c] the petitioners shall not abscond either during investigation or trial.

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[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J)

13.02.2026

msrm

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