Mohanram v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Mohanram 2.Saravanaraj ... Petitioners Vs.

The State represented by, The Inspector of Police, B-2 R.S.Puram Police Station, Coimbatore District.

(Crime No.25 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.25 of 2025, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.W.Camyles Gandhi For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

Petition seeking bail in respect of Crime No.25 of 2025 registered for the offences punishable under Sections 6 read with Section 24(1) of COTPA 2003 and Section 77 of JJ Act and Section 123 of BNS, is on board for consideration.

2. The incarceration of the petitioners being from 17.01.2025 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He submits that, without prejudice to the defence and contention, the petitioners are ready and willing to deposit a sum of Rs.5,000/- each to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl.Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners along with other accused were found to be in illegal possession of 11 kgs of banned tobacco products. He further submits that there are no previous cases as against the petitioner.

4. Considering the voluntary submission made by the learned counsel 2/6

for the petitioners, petitioners are directed to deposit a sum of Rs.5,000/- each, to the credit of Light Social Welfare Trust, Canara Bank, Arumuganeri Branch; A/c.No.1102101018391 IFSC Code : CNRB0001102, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, he is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Coimbatore, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the 3/6

respondent Police, everyday at 10.30 a.m. until further orders;

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

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.01.2025 Sma 4/6

To

1. The Judicial Magistrate -I, Coimbatore.

2.The Inspector of Police, B-2 R.S.Puram Police Station, Coimbatore District.

3. The Superintendent, Central Prison, Coimbatore

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Sma 29.01.2025 6/6