Senthil Kumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Senthil Kumar ... Petitioner Vs.

State rep by:- The Inspector of Police, HUDCO Police Station, Krishnagiri District.

(Crime No.246 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.246 of 2025 on the file of the respondent police. For Petitioner :

Mr.J.Pradeep 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 09.08.2025 for the alleged offence under Sections 6, 20(1) of COPTA Act, and Section 123 of BNS Act, 2023 and Section 4(1) (a) of Tamil Nadu Prohibition 1/6

Act. in Crime No.246 of 2025, on the file of respondent police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent police found the petitioner has found in possession of 192 kgs of banned tobacco products and 4,860 liters of Karnataka state liquor. Thereafter, the respondent police arrested the petitioner and recorded statement. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 09.08.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that 192 kgs of banned tobacco products worth Rs.2,46,000/ and 27 pockets of Carnival XXX Rum worth Rs.3240/- were seized from the petitioner. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed.

5. Taking into consideration the facts and submissions made by both 2/6

counsels, the investigation is almost completed and there is no previous case pending against the petitioner, and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) as non-refundable deposit to the credit of Madras High Court Advocates Clerks Welfare Association, High Court of Madras, Indian Bank, High Court Branch, S.B.A/c. No.484077244, IFSC.No.IDIB000M157, and on such deposit, the petitioner is ordered to be released on bail on executing a bond 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 learned Judicial Magistrate - II, Hosur, 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 at 10.30 a.m. for the period of three months.

(c) the petitioner shall not tamper with evidence or witness 3/6

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 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 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.

09.09.2025 rri To 1.The Judicial Magistrate No.II, Hosur.

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2.The Inspector of Police, HUDCO Police Station, Krishnagiri District.

3. The Superintendent of Prison, Sub-Jail, Hosur. 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.

rri 5/6

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