Sharbudeen v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SHARBUDEEN S/o.Mahommed Anif, No.13, Ponniyamman Kovil Street, RN Palayam, Vellore District Tamilnadu Petitioner(s) Vs

1. State rep by the Sub Inspector of Police Vellore South Police Station, Vellore District Cr.No.171/2025 Respondent(s) PRAYER To enlarge the petitioneer on bail in Cr.No.171/2025 pending investigation on the file of the respondent For Petitioner(s):

E.Kannadasan Thulasi R

S.Priyadharshini A.Ajay T.Madhanraj P.Agnes Samantha Ophelie For Respondent(s):

Mr. A.Gopinath, Government Advocate Crl. side

ORDER

This petition has been filed to enlarge the petitioner on bail in Cr.No.171/2025 pending investigation on the file of the respondent.

2. The case of the prosecution is that the petitioner found the petitioner with the possession of the banned tobacco products. Hence, the case has been registered under section 6(b), 24(1) of Cigarette and other Tobacco Products act 2003 and Sections 275 & 123 of BNS, 2023 and remanded him to judicial custody on 25.08.2025.

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

4. The learned Government Advocate criminal side submits that the petitioner is having 7 previous case. Hence, he prays to dismiss this petition.

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

6. 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 No.I, 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 petitioner shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months. Further, the petitioner shall deposit a sum of Rs. 20,000/- to the credit of Registered Advocate Clerks Welfare Association, Vellore.

(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 No.I, Vellore.

2.The Sub Inspector of Police, Vellore South Police Station, Vellore District.

3. The Superintendent of Prison, Central Prison, Vellore. 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. 24881 of 11-09-2025