Babu v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Babu ... Petitioner / Accused

Versus

State by, The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.108 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.108 of 2025 on the file of the respondent Police. For Petitioner : Mr. N. Ponraj.

For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

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O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.01.2025, seeking bail in Crime No.108 of 2025 registered for the offence under Section 24(1) of COTPA Act, 2003 and Sections 123, 274 and 275 of BNS.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 26.338 kgs of prohibited tobacco products. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 22.01.2025 and since the contraband has been seized, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and further submitted that there is no previous case pending against the petitioner.

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

6. Considering the period of incarceration; that there is no previous case; that the contraband has been seized; and that since further custody 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam.

[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;

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[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 [(2005)AIR SCW 3560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 19.02.2025 ay To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3. The Judicial Magistrate, Palladam.

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4.The Sub Jail, Palladam.

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SUNDER MOHAN. J, ay 19.02.2025 6/6