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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN LAKSHMI W/o. Periyasamy, No.220, Garden Street, Chitrambakkam Colony, Perambakkam, Tiruvallur District.

Petitioner Vs The State Rep.By, The Inspector Of Police Kadambattur Police Station, Tiruvallur District. Cr.No.27 Of 2025.

PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.27 Of 2025 on the file of the respondent police.

For Petitioner :

Mr.K.T.S.Sivakumar 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 03.02.2025, seeking bail in Crime No.27 Of 2025 registered for the offence under Section 24(1) of the Cigarette and other Tobacco Products (COTPA) ACT 2003 and Section 77 of JJ Act.

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2.The case of the prosecution is that the petitioner was found selling Tobacco products illegally. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is in custody from 03.02.2025. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and opposed for the grant of bail to the petitioner.

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.

7.Considering the fact that the petitioner is a lady and considering the Page No.2 of 4

period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Learned Judicial Magistrate No.II, Tiruvallur 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, for a period of two weeks 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 G.K. ILANTHIRAIYAN,J.

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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 of B.N.S.

14.02.2025 vca Copy to:

1.The Judicial Magistrate No.II, Tiruvallur

2. The Superintendent, Central Prison- Puzhal.

3. The Public Prosecutor, High Court, Madras.

4. The Inspector Of Police Kadambattur Police Station,Tiruvallur District. Cr.No.27 Of 2025.

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