Ramesh Kumar v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7175 of 2025

1. Ramesh Kumar S/o. Santhilalji

2. Dhilip Singh S/o. Jalaram ... Petitioner/A1 & A2 Vs.

The State represented byThe Inspector of Police, Ambalur Police Station, Tirupattur District.

(Crime No.20 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.20 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. N. Sudharsan 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 1 and 2, who were arrested and remanded to judicial custody on 18.02.2025, seeking bail in Crime No.20 of 2025 registered for the offence under Sections 7(5), 20(2) of Cigarette and other Tobacco Products Act, 2003 and Section 123 of B.N.S. 1/5

2. The case of the prosecution is that the petitioners were found in illegal possession of 326.873 kgs of banned tobacco products. Hence the case.

3. Learned counsel appearing for the petitioners submitted that petitioner is in custody from 18.02.2025; that he has no bad antecedents and since the contraband has been seized, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners have no bad antecedents and contraband has been seized.

5. Considering the nature of allegations, period of incarceration, contraband has been seized, the petitioners have no bad antecedents and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of their 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, Vaniambadi.

[a] the sureties shall affix their photographs and Left 2/5

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 B.N.S.

12.03.2025 mjs To

1. The Judicial Magistrate, Vaniambadi.

2.The Inspector of Police, Ambalur Police Station, Tirupattur District. 3/5

3. The Superintendent of Police, Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.7175 of 2025 12.03.2025 5/5