Ganapathram v. The State Represented By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Ganapathram ... Petitioner Vs.

The State represented by, The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.778 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.778 of 2025 pending investigation on the file of the respondent Police. For Petitioner :

Mr.Balaji Thirumoorthy For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner/A2, who was arrested and remanded to judicial custody on 23.07.2025 for the offences under Sections 7(1) & 20(2) of Cigarette and Other Tobacco Products Act and Sections 123 & 286 of BNS Act in Crime No.778 of 2025, on the file of the respondent, seeks bail. 1/6

2. The case of the prosecution is that initially based on the secret information, the respondent had intercepted the first accused and recovered 10 kilograms of banned tobacco products from his possession and subsequently, based on his confession, 394 kilograms of banned tobacco products were recovered from the petitioner's car Tata Curve-EV. Hence, the case.

3. The contention of the learned counsel for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that since the petitioner hails from the State of Rajasthan, he was not fluent in Tamil and therefore, he was unable to explain his position. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and that without prejudice to defence, he is prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prayed for the grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner stating that two previous cases are pending against the petitioner. He further submitted that there are two accused in this case and the petitioner is arrayed as A2, who hails from the State of Rajasthan.

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

6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking note of 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, Palladam, and on further conditions that: [a] (i) The petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) (Non refundable) to the credit of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Union Bank of India, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36 Ph.22353163, bearing SB Account No.149710011005477, IFSC Code No.UBIN0814971, Branch Name and Code 814971, MICR No.600026110. (ii) The petitioner shall also deposit an another sum of Rs.75,000/- (Rupees Seventy Five Thousand only) (Non refundable) to the credit of Government Arignar Anna Memorial Cancer Research Institute and Hospital, Kanchipuram, Account No. : 015701000013540, IFSC Code : IOBA0000157, Branch : Kanchipuram Main.

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(iii) On complying with the above conditions [a](i) & [a](ii), the petitioner shall produce the bank challans and the proof of payments before the learned Magistrate concerned at the time of executing the bond;

[b] 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;

[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m. for a period of two weeks, and thereafter, as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial and he 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 and shall not tamper with evidence or witness either during investigation or trial; [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 4/6

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.

06.08.2025 ham 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, Palladam

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

3. The Superintendent, Sub Jail, Palladam.

4. The Public Prosecutor, High Court of Madras. 5/6

M.NIRMAL KUMAR, J.

ham 06.08.2025 6/6