Nafeezur Rahman v. The State Rep By, The Sub-Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Nafeezur ... Petitioner/A1 Vs.
State Represented by The Sub-Inspector of Police, Tirupattur Town Police Station, Tirupattur District.
(Crime No.163 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.163 of 2025 on the file of the respondent police. For Petitioner :
Mr.B.Karthik For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 10.06.2025, for the offence punishable under Sections 6(b), 24(1) of Cigarette and other Tobacco Products Act, 2003 read with Section 123 of BNS, 2023 [ Section 328 of IPC] in Crime No.163 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that the petitioner along with other accused were found in possession of 25 kgs of banned tobacco products. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions. 2/8
7. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- [Rupees Twenty Five Thousand Only] as non-refundable deposit directly to the credit of "Sri Ramachandra University, Porur Branch, Sri Ramachandra University, Ramachandra Nagar, Porur, Chennai-600 116 in A/c.No.CA 6203243021, IFSC Code:IDIB000S180, Indian Bank, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 No.1, Tiruppattur District. and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of 3/8
three weeks and thereafter as and when required for interrogation;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
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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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.1, Tiruppattur District.
2.The Sub-Inspector of Police, Tirupattur Town Police Station, Tirupattur District.
3.The Tiruppattur Sub Jail.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
sma 27.06.2025 6/8
M.NIRMAL KUMAR, J.
The matter is listed under the caption "for being mentioned" at the instance of the learned counsel appearing for the petitioner.
2. When the matter came up for hearing, the learned counsel appearing for the petitioner submitted that, in the order dated 27.06.2025 passed in Crl.O.P.No. 18116 of 2025, the name of the petitioner has been wrongly typed in the cause title as 'Nafeezur' instead of 'Nafeezur Rahman'. Hence, he prays to correct the error.
3. In view of the above, the name of the petitioner in the cause title shall be corrected as 'Nafeezur Rahman', instead of 'Nafeezur'.
4. The Registry is directed to issue a fresh order copy by carrying out the said correction.
01.07.2025 nsl 7/8
M.NIRMAL KUMAR, J.
nsl 01.07.2025 8/8