Balakrishnan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Balakrishnan ... Petitioner

Versus

State rep by The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

Crime No.533 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail concerned in Crime No.533 of 2024 pending on the file of the respondent.

For Petitioner :

Mr.R.Parthiban For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

Petition seeking bail in respect of Crime No.533 of 2024 registered for the offences punishable under Sections 7(1) and 20(2) of Cigarette Page No.1 of 6

and Other Tobacco Products Act, 2003 and Section 123 of BNS, is on board for consideration.

2.The incarceration of the petitioner being from 23.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is innocent and a false case has been foisted against him since he has one previous case pending against him. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.20,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent Police, opposing for grant of bail, is that the petitioner was found to be in illegal possession of 110 kgs of banned tobacco products and the Page No.2 of 6

respondent had arrested the petitioner and seized banned tobacco products from him. He further submitted that the petitioner has one previous case pending against him.

4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Claretian Life Animation Project Trust (A/C.No.1190155000096499, IFSC Code: KVBL0001190, Karur Vysya Bank Limited, Tambaram Branch, Chennai), without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 5.Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his Page No.3 of 6

executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, 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, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.12.2024 vv2 To 1.The Judicial Magistrate, Sulur.

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

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.31052 of 2024 12.12.2024 Page No.6 of 6