Sivakumar v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1.Sivakumar, M/34, S/o Govindharaj, No.131, Thaman Vattam, Thamaraikulam, Elagiri Village, Jolarpet, Tirupattur District.
2.Rajesh, M/34, S/o Vijayan, No.112, Muradan Vattam, Elagiri Village, Jolarpet, Tirupattur District.
..Petitioners/Accused 1 & 2 /versus/ State rep.by its Inspector of Police, Jolarpet Police Station, Thirupathur District.
(Crime No.237 of 2025) .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner herein on bail in Crime No.237 of 2025 on the file of the Inspector of Police, Jolarpet Police Station, Tirupattur District/Respondent herein pending investigation. 1/5
For Petitioners :Mr.T.Shanmugam For Respondent :Mr.L.Baskaran Government Advocate (Crl. Side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 30.07.2025 for the offences punishable under Sections 6(b), 24(1) of Cigarette and Other Tobacco Products Act and Section 123 of BNS in Crime No.237 of 2025 on the file of the respondent, seek bail. 2.The case of the prosecution is that the petitioners are alleged to have found in possession of 3210 grams banned tobacco products. 3.The learned counsel appearing for the petitioners submitted that the first petitioner is supplier of the banned tobacco product. The second petitioner is the shop owner.
4.The learned Government Advocate (Crl.Side) submitted that the value of the seized tobacco product is Rs.9000/-and the investigation is under progress.
5.Considering the period of incarceration and quantity of the banned tobacco product, this Court is inclined to grant bail to the petitioners with certain conditions.
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6. Accordingly, each of the petitioners are directed to deposit a sum of Rs.5,000/- [Rupees Five Thousand Only] to the credit of Crime No.237 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 04.09.2025, before the learned Judicial Magistrate-I, Tirupattur , on condition that each of the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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'].
[c] 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]; 3/5
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
22.08.2025 ari 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, Tirupattur.
2.The Inspector of Police, Jolarpet Police Station, Thirupathur District. 3.The Sub-Jail, Tirupattur.
4.The Public Prosecutor, High Court of Madras. 4/5
Dr.G.JAYACHANDRAN, J.
ari 22.08.2025 5/5