Lingaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Lingaraj

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, Shevapet Police Station, Salem City, Salem.

(Crime No.223 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.223 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.L.Ramanathan 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 02.04.2025, seeking bail Page No.1 of 6

in Crime No.223 of 2025 registered for the offence under Section 112(2) of BNS, 2023 and Section 77 of JJ Act, 2015 and Sections 6 and 24(1) of COTPA, 2003.

2.It is the case of the prosecution that the petitioner along with the other accused was found in illegal possession of 6970 packets of banned tobacco products. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the contraband has been seized; that the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos.12900 & 13102 of 2025 on 25.04.2025 and 28.04.2025; and that the petitioner is in custody from 02.04.2025 and hence, further custody of the petitioner is not required.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband has been seized and that there are 12 previous cases pending against the petitioner and he is on bail in those cases.

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

6.Considering the nature of allegations, period of incarceration, the fact that the contraband has been seized, the petitioner is on bail in the previous cases, the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos.12900 & 13102 of 2025, 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 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 Judicial Magistrate - III, Salem, 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; Page No.3 of 6

[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];

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

29.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Shevapet Police Station, Salem City, Salem.

2.The Judicial Magistrate - III, Salem.

3.The Superintendent of Prison, Central Prison, Salem. 4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 29.04.2025 Page No.6 of 6