G.Sasikumar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12636 of 2025 G Sasikumar S/o. Ganesan ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, Mangalam Police Station, Tiruppur City, Tiruppur District.

(Cr. No.172 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.172 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. C.S. Saravanan 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 12.04.2025, seeking bail in Cr. No.172 of 2025 registered for the offences under Sections 123, 274 and 275 of 1/5

B.N.S. read with Sections 7(1) and 20(2) of Cigarette and Other Tobacco Products Act, 2003.

2. The case of the prosecution is that based on the secret information, the petitioner, who was riding a two wheeler bearing Registration No.TN37 EU 7564 was intercepted and the pillion rider, was found in illegal possession of banned Tobacco products in 750 pouches. Hence the case.

3. Learned counsel appearing for the petitioner submitted that allegations against the petitioner are false; that he has been falsely implicated in this case; that he is in judicial custody from 12.04.2025; that since the contraband has been seized, 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 other previous cases and confirmed the fact that the petitioner is on bail in those cases; and that contraband was seized.

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5. Considering the nature of allegations, period of incarceration, contraband has been seized, the petitioner is on bail in other previous cases 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 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur.

[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 3/5

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 mjs To

1. The Judicial Magistrate No.IV, Tiruppur

2. The Inspector of Police, Mangalam Police Station, Tiruppur City, Tiruppur District.

3. The District Jail, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

mjs Crl.O.P.No.12636 of 2025 24.04.2025 5/5