Boomadevi v. Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Boomadevi .. Petitioner Vs.

Station House Officer Varanjaram Police Station Crime No.165 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. 165 of 2025 on the file of the respondent police. For Petitioner : Mr.K.Jayaraman 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 11.07.2025, for the offence punishable under Sections 123 of BNS Act, 2023 and r/w Section 24(1) of COTPA Act in Crime No. 165 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 in illegal possession of 140 kg of banned tobacco products in 26 gunny bags and the same were transported in auto bearing registration No.TN 32 K 61 50 Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, she is suffering incarceration from 11.07.2025. 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, submitted that the petitioner along with other accused were in illegal possession of 140 kgs of banned tobacco products. He submits that totally there are five accused. He further submits that A4 and A5 were the main suppliers and the contraband was supplied to A1 through A3 and A3 supplied the contraband to A2 through A1. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record . 2/6

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering 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 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 learned Judicial Magistrate-I Kallakurichi 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.50,000/- (Rupees Fifty Thousand only) (Non refundable) towards the account of SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, Current Account maintained at Indian Bank, 3/6

SRU Branch, Porur, Chennai-600 116, bearing Current Account No.471533180, IFSC Code No.IDIB000S180 and to produce the Bank Challan before the learned Judicial Magistrate-I Kallakurichi and the 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];

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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.07.2025 nr 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-I Kallakurichi

2. Station House Officer Varanjaram Police Station

3. The Superintendent, Central Prison,Cuddalore.

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

nr 24.07.2025 6/6