Chambalal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21227 of 2025 1.Chambalal 2.Ronaksing ... Petitioner Vs.

The State represented by The Inspector of Police, Sooramangalam Police Station, Salem City.

Crime No.408 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.408 of 2025 on the file of the respondent. For Petitioner :

Mr.L.Ramanathan For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.07.2025, for the offence punishable under Section 123, 112 of BNS r/w 1/6

Section 24 (1) of of Cigarette and Other Tobacco Products Act, in Crime No.408 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioners were found in illegal possession of 203 kgs of banned tobacco products. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. The petitioners are in judicial custody from 15.07.2025 and hence, further custody of the petitioners is not required. He further submitted that the petitioners, without prejudice to his rights, are ready to deposit a sum of Rs.50,000/- each to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the submission 2/6

that the petitioners are willing to deposit an amount of Rs.50,000/- each to any welfare scheme of the Government or any other organization and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate 2, Salem, 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 petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) each (Non refundable) to the credit of the Government Arignar Anna Memorial Cancer Hospital and Research Institute, Kancheepuram in Account No.015701000013540, Indian Overseas Bank, Kancheepuram Main, Kancheepuram - 631 501, IFSC 3/6

Code: IOBA0000157, and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;

[c] the petitioners shall report before the respondent Police daily at 10.30.a.m., for a period of thirty days; thereafter as and when required for interrogation; [d] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[f] the petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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 4/6

can be registered under Section 269 of B.N.S. 29.07.2025 ep 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 2 Salem.

2.The Inspector of Police, Sooramangalam Police Station, Salem City.

3.The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ep Crl.O.P.No.21227 of 2025 29.07.2025 6/6