K.Palani v. The State Rep By, The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN K.Palani ... Petitioner Vs.

The State Rep.by The Sub Inspector of Police, Omerabad Police Station, Thirupathur District.

(Crime No.287 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.287 of 2025 on the file of the respondent police, Omerabad Police Station, Thirupathur District.

For Petitioner :

Mr.K.M.Kanishkaran For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 12.08.2025, for the offence punishable under Section 24(1) of COTPA Act and Section 123 of BNS 2023, in Crime No.287 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner was in possession of Hans 120 packets and Vimal 180 packets. Hence the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the petitioner is a first time offender. Hence, he opposed for grant of bail to the petitioner.

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

6. Considering the said fact, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/5

7. Accordingly, the petitioner is ordered to be released on bail on depositing a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) in the account pertaining to Crime No.287 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, Ambur;

[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 at 10.30a.m., until further orders; [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 3/5

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. 01.09.2025 nvi 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, Ambur 2.The Sub Inspector of Police, Omerabad Police Station, Thirupathur District.

3.The Sub-Jail, Ambur 4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J., nvi 01.09.2025 5/5