Daamothiran v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Daamothiran ... Petitioner Vs.
State Rep. by:
The Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District (Crime No.250 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.250 of 2025 on the file of the Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District. For Petitioner :
Mr.G.Vinodhkumar 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 08.08.2025, for the offence punishable under Sections 6(b), 24(1) of 1/4
Cigarette and Other Tobacco Products Act, 2003 read with 123 f BNS, 2023, in Crime No.250 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner, who is running a petty shop, was found in possession of banned tobacco products for sale to the public. Hence, the present complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is a first time offender. 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. Heard both sides and perused the materials available on record.
5. Considering the nature of the offence and taking note of the value of the seized property, which is around a sum of Rs.2,400/-, 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.5,000/- (Rupees Five Thousand only) in the 2/4
account pertaining to Crime No.250 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 No.I, Tirupathur; [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 daily at 10.30 a.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 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. 26.08.2025 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 No.1, Tirupathur.
2.The Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court of Madras. 4/4