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Madras High CourtCRL OP/26723/2025granted

Jegan Antony Rajesh v. State Rep.By

2025-10-10Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26723 of 2025 Jegan Antony Rajesh ... Petitioner Vs.

State By:

The Inspector of Police Karumathampatti Police Station, Coimbatore District.

... Respondent (Crime No.384 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.384 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Ramesh 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 12.09.2025 for the alleged offence under Sections 77 of Juvenile Justice Act and 123 of BNS, 2023 r/w 24(i) of the Cigarettes and Other Tobacco Products Act, 2003, in Crime No.384 of 2025 on the file of the respondent 1/6

police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 78 kgs of banned Tobacco products. Hence, the case was registered against the petitioner.

3. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 12.09.2025. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that the petitioner was found in possession of 78 kgs of banned Tobacco products. He further submit that no previous case is pending against this petitioner. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by learned counsels on either side and considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sulur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police for a period of three weeks and thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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K.RAJASEKAR , J.

kmm [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.10.2025 kmm 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.

To

1. The Judicial Magistrate Court, Sulur.

2. The Inspector of Police Karumathampatti Police Station, Coimbatore District.

3. The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.26723 of 2025 4/6