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Madras High CourtCRL OP/11678/2025granted

Ranganathan v. State Represented By, The Inspector Of Police

2025-04-21Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Ranganathan S/o. Balan ... Petitioner/Accused-1 Vs.

The State represented byThe Inspector of Police, Tank Factory Police Station, Tiruvallur District.

(Cr. No.189 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.189 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Chandrasekar 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 03.04.2025, seeking bail in Cr. No.189 of 2025 registered for the offences under Sections 123 and 132 of B.N.S. and Sections 24(1) of Cigarette and Other Tobacco Products Act, 2003. 1/5

2. The case of the prosecution is that the petitioner along with other accused was found in possession of 3.300 kgs banned Tobacco products. Hence the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 03.04.2025; and that since the contraband has been seized; and that in any case, further custody of the petitioner is not required and therefore, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police,reiterated the prosecution case and submitted that the petitioner has one previous case and confirmed the fact that the petitioner is on bail in that case; and that contraband was seized.

5. Considering the nature of allegations, period of incarceration, contraband has been seized, the petitioner is on bail in other previous 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. 2/5

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

[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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

21.04.2025 mjs To

1. The Judicial Magistrate, Ambathur.

2. The Inspector of Police, Tank Factory Police Station, Tiruvallur District. .

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

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

mjs 21.04.2025 5/5