Lakshmanan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.No.15713 of 2025 Lakshmanan S/o. Saravanakumar ... Petitioner Vs.

State represented byThe Inspector of Police, Variety Hall Road Police Station, Coimbatore District (Cr.No.86 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail pending investigation in Crime No.86 of 2025 on the file of the respondent police. For Petitioner : Mr. C.D. Sugumar For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 10.03.2025, for the alleged offences punishable under Sections 7(1) and 20(1) of Cigarette and Other Tobacco Products Act, 2003 and 123 of BNS in Crime 1/6

No.86 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the A1 along with other accused were found in possession of 450 grams of banned tobacco products. Based on the confession statement of A1, the petitioner herein, has been implicated in this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner has been in judicial custody from 10.03.2025. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit some cost to any welfare scheme of the Government or any other organization as directed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate for the respondent reiterated the prosecution case and submitted that the petitioner has 7 other previous cases and hence he opposed for grant of bail to the petitioner. 2/6

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also taking into account the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-V, Coimbatore 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 is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non-refundable deposit either through RTGS/NEFT/cash/demand draft in favour of the Dean, Stanley Government Medical College and Hospital, 3/6

Chennai bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC: SBIN0001476, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioner; [c] the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m on every Monday to Friday and shall appear before the respondent police at 10.00 a.m on every Saturday and Sunday until further orders;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] 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];

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

22.05.2025 mjs 4/6

Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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N.SENTHILKUMAR ,J.

mjs To

1. The Judicial Magistrate-V, Coimbatore

2. The Inspector of Police, Variety Hall Road Police Station, Coimbatore District 3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15713 of 2025 22.05.2025 6/6