Fairoz Basha v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Fairoz Basha

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Arcot Town Police Station, Ranipet District.

(Crime No.129 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.129 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.D.Thirumoorthy 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 13.03.2025, seeking bail Page No.1 of 6

in Crime No.129 of 2025 registered for the offence under Sections 7(5) and 20(2) of COTPA, 2003 and Section 123 of BNS, 2023 and Section 77 of JJ Act, 2015.

2.It is the case of the prosecution that the petitioner along with the other accused was found in illegal possession of 5.392 kgs of banned tobacco products. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents; that the contraband has been seized and the petitioner is in custody from 13.03.2025 and hence 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 seized and that the petitioner has no bad antecedents.

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5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the period of incarceration, the fact that the petitioner has no bad antecedents, the fact that the contraband has been seized 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:

7.Accordingly, the petitioner is ordered to be released on bail on 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 District Munsif cum Judicial Magistrate, Arcot, 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; Page No.3 of 6

[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.

25.03.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Arcot Town Police Station, Ranipet District.

2.The District Munsif cum Judicial Magistrate, Arcot. 3.The Superintendent of Prison, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 25.03.2025 Page No.6 of 6