S.Nandhakumar v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL S.Nandhakumar ...Petitioner/Accused Vs.

State Represented by Inspector of Police, G-1, Veppery Police Station, Chennai.

(Crime No.276 of 2024)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.276 of 2024 on the file of respondent police. For Petitioner : Mr.R.A.Sakoor For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ***** 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.09.2024 for the offences under Sections 275 and 123 of the BNS and Section 6(b) r/w 24(1) of the COTP Act, in Crime No.276 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 120 kg of banned tobacco products, which were worth about Rs.2000/-. Hence the complaint.

3. Learned counsel 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 has been in custody since 26.09.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the petitioner.

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4. Learned Government Advocate (Crl.Side) for the respondent police submitted that the petitioner was found in illegal possession of 120 kg of banned tobacco products, which were worth about Rs.2000/-. He further submitted that there are no previous cases pending against the petitioner. However, he vehemently opposed the grant of bail to the petitioner.

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

6. Considering the representation made by both sides, the nature of offences, the quantity of material involved in this case, that there are no previous cases pending against the petitioner and also considering the incarceration period undergone by the petitioner from 26.09.2024, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 II Metropolitan Magistrate, Egmore, Chennai and on further conditions that:

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[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for the interrogation;

[b] the petitioner shall attend in accordance with the conditions of the bond;

[c] the petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[e] the petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail 4/6

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)AIR SCW 5560]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S. 23.10.2024 dk To 1.The II Metropolitan Magistrate, Egmore, Chennai.

2.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

3.TheInspector of Police, G-1, Veppery Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

dk 23.10.2024 6/6