Siva @ Sivachandiran v. The State Reperesented By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Siva @ Sivachandiran S/o. Mr.Arunachalam, South Street, Santhapettai Village, Thirukoilur Taluk, Kallakurichi District - 605766.

Petitioner(s) Vs

1. The State Reperesented by, The Station House officer, Thirukovilur Police Station, Kallakurichi District. (Crime No.

480/2025) Respondent(s) PRAYER To release the petitioner/Accused on Bail in Crime No. 480/2025 on the file of the respondent Police pending investigation on the file of the Respondent Police.

For Petitioner(s):

G.Mageshkumar P.Dinesh Kumar M.Kabilan For Respondent(s):

Mr. A. Gopinath, Government Advocate criminal side

ORDER

The Petitioner/Accused, seeking to enlarge him on bail for the alleged offences punishable U/s.123 of BNS, r/w. Sec 24(1) of COTPA Act in Cr.No.480/2025 of the respondent police. The petitioner/accused was remanded on 18.08.2025. The case of the prosecution is that the respondent police the petitioner with the possession of banned tobacco products about 40 kgs. Hence, the case.

2. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is no way connected with the case. Hence, he prays to grant bail.

3. The learned Government Advocate raised objection to grant bail.

4. Considering the period of incarceration undergone by the petitioner and also the fact that the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner with conditions.

5. Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate, Thirukoilur, and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police on every Sunday and Tuesday at 10.30 a.m. for the period of three months. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of registered advocate clerks welfare association, Kallakurichi District.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl

To 1.The Judicial Magistrate, Thirukoilur.

2.The Inspector of Police, Thirukoilu Police Station, Kallakurichi District.

3. The Superintendent of Prison, Sub Jail, Kallakurichi. 4.The Public Prosecutor, High Court, Madras 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.

T.V.THAMILSELVI J.

CRL OP No. 24189 of 11-09-2025