Thirusenthil v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Thirusenthil ... Petitioner Vs.
The Inspector of Police, SIPCOT Police Station, Krishnagiri District.
(Cr.No.284 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.284 of 2025 on the file of the respondent police. For Petitioner :
Mr.J.Pradeep For Respondent :
Mr.L.Baskaran Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 11.07.2025, for the offence punishable under Section 123 of BNS and 7 & 20(1) of the Cigarettes and Other Tobacco Products Act, 2003 (the COTPA Act), and Section 4(1)(C) of TNP Act, in Crime No.284 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 is attempting to transport 232.965 kg of banned tobacco products and 5.940 litres of Karnataka State liquor. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person 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 opposed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of 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 and taking note of the period of incarceration undergone by the petitioner, this 2/4
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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -II, Hosur 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., until further orders;
[c] 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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Dr.G.JAYACHANDRAN, J.
rpl [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11.08.2025 rpl 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-II, Hosur 2.The Inspector of police, SIPCOT Police Station, Krishnagiri District.
3.The Sub Jail, Hosur.
4.The Public Prosecutor, High Court of Madras.
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