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Madras High CourtCRL OP/25554/2025dismissed

Praveen v. State By

2025-09-17Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.25554 of 2025 Praveen Petitioner(s) Vs State Rep By. Inspector of police, SIPCOT Police Station Krishnagiri District.

Crime No.310 /2025 Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.310 of 2025 pending investigation on the file of the respondent Police.

For Petitioner(s) : P.M.Jayachandran For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

Apprehending arrest in connection with Crime No.310 of 2025 registered for the offences punishable under Sections 123 of BNS Act and Section 7, 20(1) of COTPA Act and Section 4(1)(C) of TNP Act, against the petitioner, the present petition has been filed by the petitioner seeking anticipatory bail.

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2.The case of the prosecution is that on 28.07.2025 at about 9.30 am, when the respondent police were on their regular vehicle check up at Jujuvadi check post, the petitioner and others had transported 202 kgs of banned tobacco products and 6 1⁄2 litres of Karnataka State liquor by using a car bearing Registration No. Tn-36-BT-2413 without any license from the Government. In this regard, A1 was arrested and the vehicle has been seized by the respondent police. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that A1 was arrested and released on bail by this Court in Crl.OP.No.22182 of 2025 on 08.08.2025. He further submits that the petitioner is not scene of occurrence and there is no tobacco product has been seized from the petitioner and there is no case pending against the petitioner. He also submitted that the petitioner is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that there are two accused were involved in this case. The petitioner is arrayed as A2, A1 was arrested and released on bail by this Court in Crl.O.P.No. 22182 of 2025 dated 08.08.2025. He further submits that 202 kgs banned tobacco products were seized from the petitioner herein. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Taking into the fact that 202 kgs banned tobacco products has been seized from the petitioner, the gravity of the offence was committed by him and investigation is not yet completed, at this stage, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 17-09-2025 MSM 3/6

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

2.The Inspector of police, SIPCOT Police Station Krishnagiri District.

Crime No.310 /2025

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM CRL OP No. 25554 of 2025 17.09.2025 5/6