Vasanthlal v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.7027 of 2025 Vasanthlal
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.
(Crime No.82 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.82 of 2025 on the file of the respondent police.
For Petitioner :
Mr.G.Vinodhkumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.02.2025, seeking bail Page No.1 of 6
in Crime No.82 of 2025 registered for the offence under Sections 6(a), 24(1) of COTPA, 2003 and Section 123 of BNS.
2.It is the case of the prosecution that the petitioner along with the other accused was found in possession of 1.138 kgs of banned tobacco products. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has no bad antecedents; that the contraband has been seized; and that in any case, further custody of the petitioner is not required and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband has been recovered and the petitioner has no bad antecedents.
5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.10,000/- as non-refundable deposit Page No.2 of 6
to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner. 6.Heard the learned counsel on either side and perused the materials available on record.
7.Considering the nature of allegations, period of incarceration, the fact that the petitioner has no bad antecedents and the contraband has been seized and the petitioner is willing to deposit an amount of Rs.10,000/- as non-refundable deposit to any welfare scheme and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.10,000/- [Rupees Ten Thousand Only] directly to the credit of "District Legal Services Authority, Tirupathur District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Page No.3 of 6
Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Vaniyambadi, 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; [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.
12.03.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.
2.The Judicial Magistrate, Vaniyambadi.
3.The Superintendent of Prison, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata Crl.O.P.No.7027 of 2025 12.03.2025 Page No.6 of 6