Mohammed Riyath v. The State Represented by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

05.07.2026 for the alleged offences under Section 6, 24(1) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 r/w Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime Page2 of 5 No.183 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in possession of 30 kgs of banned tobacco products. Hence, the case was registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner, aged 27 years, is innocent and has been falsely implicated in this case without any basis. It is submitted that the petitioner has been in judicial custody since 05.07.2026 and that the petitioner is ready to cooperate with the investigation. The learned counsel would further contend that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was found in possession of banned tobacco products and that there is no previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side. Page3 of 5

¶6Considering the submissions made by the learned counsel on both sides, this Court is of the view that though the petitioner was found in possession of banned tobacco products, there are no previous cases pending against him. Further, taking into account that the petitioner has been in judicial custody since 05.07.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.2, Salem, and subject to the following conditions: [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 at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [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; Page4 of 5 [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 24-07-2026 DRL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. To

1.The Judicial Magistrate No.2, Salem.

¶2The Inspector of Police Kitchipalayam Police Station, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19881oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19881oofo2026 24-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohammed Riyath S/o. Mohideen Abdul Kadar, No.234, Ammal Eari Road, Dhadagapatty, Salem South Taluk, Salem District. ..Petitioner(s) Vs The State represented by the Inspector of Police Kitchipalayam Police Station, Salem District. Crime No.183/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to Enlarge the petitioner on bail in Crime No.183 of 2026 on the file of respondent police For Petitioner(s): Mr.C.Deepakkumar For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)