Kumar v. The State Of Tamil Nadu 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.24715 of 2025

1. Kumar

2. Ravi ... Petitioners -vsThe State of Tamil Nadu rep by, The Inspector of Police, Vellore South L & O Police Station, Vellore District.

(Crime No.173 of 2025) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, pleased to enlarge the Petitioners on bail in Crime No.173 of 2025 on the file of the respondent police.

For Petitioners :

Mr.M.R.Thangavel For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ************

ORDER

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The Petitioners, who was arrested and remanded to judicial custody on 27.08.2025 for the alleged offences punishable under Sections 24(1) of Cigarette and other Tobacco Products Act, 2003 r/w 123, 275 of BNS, 2023, in Crime No.173 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the Petitioners seized the tobacco products total weight of 182.092 value about Rs.1,36,240/- for selling purposes without proper permission. Hence this case.

3. The learned counsel for the Petitioners submitted that the Petitioners have not committed any offence as alleged by the prosecution and they have 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 Petitioners seized tobacco products weight of 182.092 value about Rs.1,36,240/- without proper permission and no previous case is pending against the petitioners. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. However, he would vehemently opposed to grant bail to the Petitioners.

5. Considering the facts and circumstances and also the fact and 2/6

considering the period of incarceration undergone by the Petitioners, this Court is inclined to grant bail to the Petitioners with certain conditions.

6. Accordingly, the Petitioners are directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only), each to the credit of the Advocate Clerk Association, Vellore, and on such deposit, the Petitioners 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-1, Vellore, 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 Petitioners shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m. for the period of three weeks;

(c) the Petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the Petitioners shall not abscond either during 3/6

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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 this Court without insisting on certified hard copies. To be noted, this order 4/6

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-1, Vellore. 2.The Inspector of Police, Vellore South L & O Police Station, Vellore District.

3.The Superintendent of Prison, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras T.V.THAMILSELVI, J.

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