Santhosh v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Santhosh ... Petitioner Vs.

The State represented by, The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

(Crime No.37 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.37 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.01.2025, seeking bail in Crime No.37 of 2025 registered for the offence under Sections 123 of BNS Act and 7, 20(1) of COTPA Act, 2024 and Section 4(1)(C) of TNP Amendment Act, 2024.

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2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 26.728 kgs of banned tobacco products worth about Rs.18,755/- and 8.640 litres of Karnataka made liquor. Hence the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 08.01.2025 and since the contraband has been seized, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner has no previous case.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering, the nature of allegation; no previous case; period of incarceration; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain 2/5

conditions.

7. Accordingly, the petitioner 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 No.II, Hosur.

[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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

[d] the petitioner 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 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 3/5

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 B.N.S.

05.02.2025 Sma To

1. The Judicial Magistrate, No.II, Hosur.

2. The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

3. The Superintendent, Sub Jail, Hosur.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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