Muruganantham v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Muruganantham S/o.Velu
...Petitioner/Accused
Vs.
State through The Inspector of Police, D3, Podanur Police Station, Coimbatore District.
(Crime No.22 of 2025)
...Respondent
PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.22 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.R.Parthiban For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.01.2025, seeking bail Page No.1 of 5
in Crime No.22 of 2025 registered for the offence under Sections 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 123 of BNS, 2023.
2.The case of the prosecution is that the petitioner was found to be in illegal possession of 3 Kgs and 510 Grams of banned tobacco products. Hence, the case.
3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 24.01.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner was found to be in illegal possession of 3.510 Kgs of banned tobacco products. He further submitted that the petitioner has one previous case similar in nature.
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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 allegations; period of incarceration and since further custody is not required for the purpose of interrogation, 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) with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court, Madukkarai, 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; Page No.3 of 5
[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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
06.02.2025 ata Copy to:
1.The Inspector of Police, D3, Podanur Police Station, Coimbatore District.
2.The Superintendent of Prison, Central Prison, Coimbatore.
3.The District Munsif cum Judicial Magistrate Court, Madukkarai. 4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 06.02.2025 Page No.5 of 5