Mohammed Safvan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Mohammed Safvan ... Petitioner Vs.
State Rep.by The Inspector of Police, Puzhal Police Station, Chennai.
(Cr.No.573 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.573 of 2025 on the file of the Inspector of Police, Puzhal Police Station, Chennai.
For Petitioner :
Mr.A.Murugavel 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 16.07.2025, for the offence punishable under Section 123, 274 & 275 of 1/6
BNS, 2023, Section 6(a), 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 (the COTPA Act), and Section 77 of JJ Act, in Crime No.573 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner, who runs a tea stall near a school, was found in possession of cigarettes and beedis kept for sale to the school children. The petitioner's shop is located within a 100 meters radius of the school. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution 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 prayed 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.
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5. Heard both sides and perused the materials available on record.
6. Considering the nature of the crime and the submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in the account pertaining to Crime No.573 of 2025. On such deposit, the surety may be considered and on further conditions that: [a] The petitioner shall 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 of the learned District Munsif cum Judicial Magistrate, Madhavaram, Chennai;
[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;
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[c] the petitioner shall report before the respondent police as and when required;
[d] 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
13.08.2025 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 4/6
1.The District Munsif cum Judicial Magistrate, Madhavaram, Chennai.
2.The Inspector of Police, Puzhal Police Station, Chennai.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
rpl 5/6
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