R.Chandirasekar v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.R.Chandirasekar 2.V.Usha ... Petitioners Vs.

State, Rep. by its Inspector of Police Thiyagadurugam Police Station Kallakurichi District. (Crime No.79 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail in Crime No.79 of 2025, on the file of the respondent police.

For Petitioner : Mr.P.Rajavel For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners/A1 & A2, who were arrested and remanded to judicial custody on 09.02.2025, seeking bail in Crime No.79 of 2025 registered for the offence under Sections 123 of BNS r/w. Section 24(1) of COTPA Act.

2.The case of the prosecution is that the petitioners were found to be in possession of 1245 packets of banned tobacco products. 1/4

3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in custody from 09.02.2025 and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the case of the prosecution. He further submitted that the first petitioner is having four previous cases against him and the second petitioner has no previous case against him.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available.

6.Considering the nature of allegations, period of incarceration, the quantity of contraband seized in this case, the fact that the second petitioner has no bad antecedents and the first petitioner was released on bail in all the previous cases, and since further custody is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand 2/4

only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Kallakurichi and Kallakurichi District, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 03.03.2025 sai 3/4

SUNDER MOHAN, J.

sai To 1.The Judicial Magistrate No.2, Kallakurichi Kallakurichi District 2.The Inspector of Police Thiyagadurugam Police Station Kallakurichi District.

3.The Superintendent, Central Jail, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

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