R.Hariharan v. The State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR R.Hariharan ... Petitioner(s) /A2 Vs.
State represented by the Inspector of Police, Velankanni Police Station, Nagapattinam.
... Respondent(s)/ Complainant Crime No.195 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.195 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.V.Karthikeyan For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 08.05.2025, seeking bail in Crime No.195 of 2025 registered for the offences under Sections 275, 123 of BNS, 2023 r/w Sections 7 and 20(1) of COTPA Act and Sections 52 & 59 Page No.1 of 6
of the Food Safety and Standards Act, 2006.
2. It is the case of the prosecution that the petitioner along with other accused were found in illegal possession of 1,280 Kgs of banned tobacco products. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 08.05.2025. He further submitted that the petitioner, without prejudice to their rights, is ready to deposit a sum of Rs.30,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the grant of bail, reiterated the prosecution case and submitted that the contraband has been seized.
5. Heard learned counsel on either side and perused the materials Page No.2 of 6
available on record.
6. Considering the nature of allegations, period of incarceration, the fact that the contraband has been seized and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, considering the voluntary submission, the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) as non-refundable deposit either through RTGS/NEFT/cash/demand draft in favour of "The Dean, Stanley Government Medical College and Hospital, 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 on such deposit, the petitioners are ordered to be released on bail on her 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 Vacation Sessions Judge (District and Sessions Judge), Nagapattinam and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Page No.3 of 6
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 jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday 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.
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22.05.2025 Anu 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.
To
1. Vacation Sessions Judge (District and Sessions Judge), Nagapattinam.
2. The Superintendent of Prison, Nagapattinam Prison.
3. Inspector of Police, Velankanni Police Station, Nagapattinam.
4. The Public Prosecutor, Madras High Court, Chennai.
N.SENTHILKUMAR, J.
Anu Page No.5 of 6
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