Kaviyarasan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10351 of 2025 Kaviyarasan ... Petitioner/Accused 2 Vs.

The State represented byRep. By The Inspector of Police, P-2 Otteri Police Station, Chennai.

(Crime No.371 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.371 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Praveen Kumar 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 27.03.2025, seeking bail in Crime No.371 of 2025 registered for the offences under Sections 24(1) of COTPA & 123 of BNS.

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2. The case of the prosecution is that the petitioner along with other accused were found in joint possession of MAVA 10 kgs and 624 small packets of banned tobacco products. Hence, the case. 3.Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the contraband was seized and that the petitioner is in custody from 27.03.2025 and hence, he may be released on bail.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that the contraband has been seized from the petitioner and that the petitioner has no bad antecedents. 5.Considering the nature of allegations and the period of incarceration and the fact that the petitioner has no bad antecedents and since further custody is not required for the purpose of interrogation, 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 2/4

two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, Chennai.

[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, daily 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.

07.04.2025 rkp 3/4

SUNDER MOHAN., J.

rkp To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, P-2 Otteri Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. Crl.O.P.No.10351 of 2025 07.04.2025 4/4