Subramani @ Supramani v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.21124 of 2024 Subramani @ Supramani ... Petitioner / Accused Vs State rep. by The Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.613 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.613 of 2024, on the file of the respondent.

For Petitioner : Mr.M.Vijayaragavan For Respondent : Mr.S.Vinothkumar Government Advocate (Criminal Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.08.2024 for the offences punishable under Section 20(2) of COTPA Act, 2003 r/w Section 123 of BNS, 2023, in Crime No.613 of 2024, on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 03.08.2024, when the respondent police were on a regular patrol, they found the petitioner in possession of banned tobacco products worth about Rs.2800/- in his vehicle bearing Regn.No.TN-77-P-9501. 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 has not committed any offence as alleged by the respondent and the petitioner is ready to abide by any stringent condition that may be imposed by this Court. He would also submit that there is no previous case against the petitioner. Hence, he prays for grant of bail to the petitioner.

2/6

4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner was found in possession of banned tobacco products worth about Rs.2800/- in his vehicle bearing Regn.No.TN-77-P-9501. He would further submit that there is no previous case as against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of offences and that the quantity of material involved in this case and also taking into consideration the number of days of incarceration undergone by the petitioner and that there is no previous case pending against the petitioner and all other factors, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the Petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction 3/6

of the Judicial Magistrate No.1, Perambalur, and on further conditions that;

[b] the Petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[e] the Petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

30.08.2024 ata 4/6

To 1.The Judicial Magistrate No.1, Perambalur.

2.The Inspector of Police, Perambalur Police Station, Perambalur District.

3.Sub Jail, Perambalur.

4.The Public Prosecutor, High Court, Madras.

5/6

P.DHANABAL ,J.

ata CRL.OP.No.21124 of 2024 30.08.2024 6/6