Bazeer Ahamed v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Bazeer Ahamed .. Petitioner Vs.

The State rep by The Inspector of Police Vedaranyam Police Station Nagapatinam District Crime No.235 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.235 of 2025 on the file of the respondent police. For Petitioner :

Mr J.Jawahar For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.06.2025, for the offence punishable under Section 123 of BNS, 2023 and under Sections 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No. 235 of 2025, registered on the file of the respondent, seeks bail. 1/6

2. The case of the prosecution is that when the respondent police conducted vehicle search near Thopputhurai checkpost, the respondent police had found 50 packets of Hans and 57 packets of Cool lips in the vehicle of the petitioner. The respondent police seized products and the vehicle of the petitioner. Hence, the 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 also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 28.06.2025. 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 Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was found to be in illegal possession of 359 kilograms of banned tobacco products. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering 2/6

the period of incarceration undergone by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedaranyam 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 am., for a period of three weeks and thereafter as and when required for interrogation.

[c] The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) (Non refundable) towards the account of Hosanna Boys Home, 3/117, Sekkodi, Padi (Po), Palacode tk, Dharmapuri, Bank Account maintained at ICICI Bank, Marthandam Branch, Dharmapuri, IFSC Code: ICIC0002049, bearing Account No.204901003263 and to produce the Bank Challan before the learned Judicial Magistrate, Vedaranyam and the 3/6

receipt shall be produced at the time of executing the bond; [d] The petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] 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;

[g] 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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.07.2025 Shl 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate, Vedaranyam

2. The Inspector of Police Vedaranyam Police Station Nagapatinam District

3. The Superintendent, District Jail, Nagapattinam

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

Shl 28.07.2025 6/6