Johanbasha @ John Basha v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7232 of 2025 JohanBasha @ John Basha S/o. Abdul Munaf ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, Parandarani Police Station, Vellore District.

(Crime No.11 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.11 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. Santhosh 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 petitioner, who was arrested and remanded to judicial custody on 08.02.2025, seeking bail in Crime No.11 of 2025 registered for the offences under Section 123 of B.N.S. read with 1/5

Section 7(5) and 20(2) of Cigarette and other Tobacco Products Act, 2003.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 7 kgs of banned tobacco products. Hence the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 08.02.2025; and that since the contraband has been seized, further custody of the petitioner is not required and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner has 1 previous case of similar nature, in which, he is on bail.

5. Considering the nature of allegations, period of incarceration, contraband has been seized, the petitioner is on bail in other case and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 2/5

two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyattam.

[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.

13.03.2025 mjs To 3/5

1. The Judicial Magistrate, Gudiyattam.

2.The Inspector of Police, Parandarani Police Station, Vellore District.

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras. SUNDER MOHAN., J.

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