Praveen Kumar v. State By.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Praveen Kumar ... Petitioner Vs.

The State represented by The Inspector of Police, Madhavaram Police Station Kolathur District Crime No. 833 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 833 of 2025 on the file of respondent police.

For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.10.2025, for the offences punishable under Sections 274, 275, and 123 of BNS Act, 2023 [272, 273, and 328 of IPC] in Crime No.833 of 2025, registered on the file respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that the petitioner joined hands with other accused involved in transportation of banned tobacco products to the extent of 270 kg from Thiruppur to Chennai, at that time, the vehicle was intercepted by the respondent police and the petitioner was arrested and the banned tobacco products have been recovered from the petitioner. Hence, the case has been registered. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 20.11.2025. He further submitted that the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the properties have been recovered from the petitioner and the petitioner is not having any previous case. However, he opposed for grant of bail to the petitioner.

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5.Heard both sides and perused the materials available on record including the First Information Report.

6.Considering the nature of allegations, and the petitioner is not having any previous case, and already contraband is seized, and considering period of custody, this Court is inclined to grant bail to the petitioner herein with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Madhavaram, and on further conditions that:

[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 daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation by the 3/6

respondent police;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28.01.2026 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 District Munsif Cum Judicial Magistrate, Madhavaram.

2.The Inspector of Police, Madhavaram Police Station Kolathur District Crime No. 833 of 2025 3.The Public Prosecutor High Court of Madras.

4.The Superintendent of Central Prison-II, Puzhal, Chennai.

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K.RAJASEKAR J.

MSM 28.01.2026 7/6