[Cites 3, Cited by 0]
Madras High Court
Mohamed Saribu vs State Rep. By Inspector Of Police on 14 May, 2026
CRL OP No. 12538 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12538 of 2026
Mohamed Saribu
..Petitioner(s)
Vs
State Rep. by Inspector of Police
Bazaar Police Station,
Coimbatore City.
Crime No. 79 of 2026.
..Respondent(s)
To enlarge the Petitioner / Accused No. 1 on bail in Crime No. 79
of 2026 pending investigation on the file of the Respondent Police and thus
render justice.
For Petitioner(s): Mr.N.Sarbutheen
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
14.03.2026 for the offences punishable under Sections 6(a) and 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 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime.
No. 79 of 2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that there are totally two accused and the
petitioner is ranked as 1st accused. The petitioner was found with illegal
possession of 1.108 kgs of banned tobacco products supplied by the 2 nd accused,
a petty shop owner, on commission basis. Police seized 55.138 kg from 2 nd
accused’s shop, totalling 56.246 kg in the case. Hence, the case.
3. The learned counsel for the petitioner would contend that the
petitioner is under judicial custody since 14.03.2026. He further submitted that
he had gone to the shop only to buy cigarettes. He has no other previous cases
pending against him. He further submits that the petitioner is an innocent person
and he has not committed any offence as alleged by the prosecution. Therefore,
he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that the petitioner is arrayed as 1 st accused.
Based on the confession of the petitioner, 2nd accused was roped in this case.
The contraband was seized from the petitioner and the co-accused. There are no
previous cases as against the petitioner. However, he vehemently opposed the
grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
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6. Considering the rivals submissions made on both sides and nature of
offences charged against the petitioner, and also the fact that there are no
previous cases pending against the petitioner, and that quantity recovered from
this petitioner, and also taking into consideration the period of incarceration
undergone by the petitioner, this Court is inclined to grant bail to the petitioner,
subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on
bail on condition to execute a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties each for a like sum
to the satisfaction of the learned Judicial Magistrate No.V,
Coimbatore and on further conditions that:
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of 30 days;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
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[e] the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade her from disclosing such facts to
the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the
learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 B.N.S.2023.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
Note:
1. Registry is directed to forthwith upload this order in the Official Website of
this Court.
2. All concerned to act on this order being uploaded in Official Website of this
Court 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.
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To
1. The Judicial Magistrate No.V, Coimbatore.
2. Inspector of Police
Bazaar Police Station,
Coimbatore City.
3. The Superintendent
Sub-Jail, Coimbatore
4. The Public Prosecutor,
Madras High Court.
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P.DHANABAL, J.
GD
14-05-2026
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