R.Siva v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Siva ... Petitioner(s) /Accused Vs.

The State rep. by its Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District. ... Respondent(s)/ Complainant Crime No.100 of 2025.

Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.100 of 2025, pending investigation on the file of the respondent.

For petitioner(s) : Mr.E.Sathiyaraj For Respondent(s) : 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 28.03.2025, seeking bail Page No.1 of 8

in Crime No.100 of 2025 registered for the offences under Sections 123, 274 and 275 of BNS (Sections 328, 272, 273 of IPC) and Section 24(1) of COTPA Act.

2. The case of the prosecution is that, the petitioner was found in possession of 196 Kgs of of banned tobacco products.

3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for bail to the petitioner.

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

5. Considering the nature of allegations; period of incarceration, the fact that the petitioner has no bad antecedents, and since further custody of Page No.2 of 8

the petitioner 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 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kilpennathur, Tiruvannamalai District 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;

[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 Page No.3 of 8

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. 23.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 8

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To

1. Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned Judicial Magistrate, Kilpennathur, Tiruvannamalai District

4. The Superintendent of Prison, Central Prison, Vellore.

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SUNDER MOHAN, J.

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