Shanmugasundaram v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

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

The State Represented by, The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

(Crime No.30 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.30 of 2025, pending investigation on the file of the respondent Police.

For Petitioner : Mr. A. Saranraj For Respondent : Mr. A. Gopinath Government Advocate (Crl.Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.30 of 2025 registered for the alleged offences punishable under Section 123 of BNS and Sections 7(1) and 20(2) of Cigarette and other Tobacco Products Act, 2003, is on board for consideration.

2.

The case of the prosecution is that, based on a secret information, the respondent police went to the spot and found that the petitioner has been in illegal possession of banned tobacco products of about 86 kilograms. Hence, this case.

3.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case; that he has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 11.01.2025; and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and to appear and co-operate for the investigation and prayed for grant of bail to the petitioner.

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4.

Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail to the petitioner considering the fact that the petitioner has been selling the contraband illegally to the public for his personal gain. He also submitted that the petitioner has no previous cases and that the investigation is pending.

5.

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

6.

Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the petitioner has no previous cases, the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, 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 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 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala 4/6

[(2005)AIR SCW 5560];

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

04.02.2025 stn To

1. The Judicial Magistrate No.V, Coimbatore.

2. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J.

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