M.Madhan v. The State Represented By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN M.Madhan ... Petitioner Vs.

State Rep.by The Inspector of Police, Nolambur Police Station, Thiruvallur District.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in respect of Crime No.138 of 2025 on the file of the Inspector of Police, Nolambur Police Station, Thiruvallur District.

For Petitioner :

Mr.E.Vijayakumar 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 24.07.2025, for the offence punishable under Section 123 of BNS, 2023, read with Section 24(1) of COTPA Act and Section 77 of J.J.Act, in Crime No.138 of 2025, registered on the file of the respondent, seeks bail. 1/4

2. It is the case of the prosecution that the petitioner was the supplier of 16 kgs of banned tobacco products to the 1st accused, who is a coconut seller. Hence, the present complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the 1st accused was granted bail by the trial Court, taking into consideration the fact that he is a physically challenged person. Whereas, this petitioner is the supplier of the banned tobacco products and therefore, he should not be released on bail till the completion of the investigation.

4. Heard both sides and perused the materials available on record.

5. Considering the facts that the petitioner is the first time offender, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in the 2/4

account pertaining to Crime No.138 of 2025 within a period of fifteen days. 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 Judicial Magistrate, Ambattur;

[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 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];

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Dr.G.JAYACHANDRAN, J.

rpl [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.08.2025 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 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police, Nolambur Police Station, Thiruvallur District.

3.Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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