Bheru Singh Vs State Of Tamilnadu Rep By Inspector Of Police, Mathur

The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the offences punishable under Sections 6(a) ad 24(1) of Cigarette and Tobacco Act, in Crime No.28 of 2026 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner was found in illegal possession of 13.175 kgs of banned tobacco products. Hence, the complaint.

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The learned counsel for the petitioner

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submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 06.02.2026. Hence, he seeks bail to the petitioner.

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The learned Additional Public Prosecutor

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submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.3841 of 2026

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Taking into consideration of the facts and

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circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two

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sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur, and on further conditions that :-

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[a] the petitioner and the sureties shall affix their photographs and left

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thumb impression in the surety bond and the

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Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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[b] the petitioner is directed to file an undertaking affidavit stating that he understood the ill effects of the tobacco products and he will not sell those

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.3841 of 2026

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tobacco products in future; Such an

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affidavit shall be filed at the time of producing of sureties; On such filing of affidavit, the learned Magistrate shall accept the sureties furnished by the petitioner;

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[c] the petitioner shall report before

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the respondent police daily at 10.30 a.m.,

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until further orders;

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[d]the petitioner shall not tamper

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with the evidence or witness either during investigation or trial;

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[e] the petitioner shall not abscond either during investigation or trial;

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[f] 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 is released on bail by the learned

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.3841 of 2026

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Magistrate/Trial Court himself as laid

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down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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