Ambeth Vimalraj Vijayan, v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24722 of 2025 Ambeth Vimalraj Vijayan ... Petitioner -vsThe State of rep by, The Inspector of Police, Kavundampalayam Police Station, Coimbatore District.
(Crime No.442 of 2025) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, pleased to enlarge the Petitioner on bail concerned in Crime No.442 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.S.N.Arunkumar For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side) ************
ORDER
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The Petitioner, who was arrested and remanded to judicial custody on 07.08.2025 for the alleged offences punishable under Sections 24(1) of Cigarette and other Tobacco Products Act, 2003 r/w 123 of BNS, 2023 (328 of IPC), in Crime No.442 of 2025 on the file of the respondent police, seeks bail.
2. The case of prosecution is that the Petitioner seized the tobacco products and by selling it one can get considerable profit, believing that this complainant purchased a small pack of Rs.50/- and consumed, it is further alleged that after consumption he felt realised that some obnoxious and stupefying substance was added into that chewable tobacco. Hence this case.
3. The learned counsel for the Petitioner submitted that the Petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the Petitioner seized tobacco products without proper permission and no previous case is pending against the Petitioner. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. However, he would vehemently 2/6
opposed to grant bail to the Petitioner.
5. Considering the facts and circumstances and also the fact and 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 are directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only), to the credit of the Advocate Clerk Association, Coimbatore, and on such deposit, 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, for a like sum to the satisfaction of the learned Judicial Magistrate Court-I, Coimbatore, 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 Tuesday and Saturday at 10.30 a.m. for the period of three weeks;
(c) the Petitioner shall not tamper with evidence or 3/6
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;
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10.09.2025 rna 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 4/6
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 learned Judicial Magistrate Court-I, Coimbatore. 2.The Inspector of Police, Kavundampalayam Police Station, Coimbatore District.
3.The Superintendent of Prison, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras T.V.THAMILSELVI, J.
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rna Crl.O.P.No.24722 of 2025 10.09.2025 6/6