Srinivasan v. State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Srinivasan
...Petitioner/Accused 2
Vs.
State through The Inspector of Police, Taluk Police Station, Tiruvallur District.
(Crime No.47 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.47 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.T.Meganathan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 05.02.2025, seeking bail in Crime No.47 of 2025 registered for the offence under Sections 274, 275 and 123 of BNS r/w 6(b) and 24(1) of COTPA, 2003 and Section 77 of JJ Act, 2015.
2.It is the case of the prosecution that the petitioner along with the other accused were found to be in illegal possession of 790 kgs of banned tobacco products in a lorry bearing Registration No.TN-36-AQ-6784. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and that no previous case is pending against the petitioner and the contraband has been seized and that the petitioner has been in custody from 05.02.2025 and hence, further custody of the petitioner is not required.
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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband has been seized and no previous case is pending against 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.
6.Considering the nature of allegations, period of incarceration and the fact that the contraband has been seized and no previous case is pending against the petitioner and since further custody of the petitioner 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 Judicial Magistrate No.I, Tiruvallur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Page No.3 of 6
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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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Copy to:
1.The Inspector of Police, Taluk Police Station, Tiruvallur District.
2.The Judicial Magistrate No.I, Tiruvallur.
3.Central Prison - II, Puzhal.
4.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
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