Vijayakumar v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27104 of 2025 Vijayakumar ... Petitioner Vs.
State Rep by The Inspector of Police, D4, Kuniyamuthur Police Station, Coimbatore District..
... Respondent (Cr.No.674 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in Cr.No.674 of 2025 pending on the file of the respondent For Petitioner : Mr.M.N.Balakrishnan 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 18.09.2025 for the alleged offence under Sections 123 of BNS, 2023 and Section 6(b), 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.674 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in 1/5
possession of 80 kgs of banned tobacco products. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is a disabled person. The petitioner is in judicial custody from 18.09.2025 He further submitted that the petitioner is ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having one previous case of similar nature. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the submissions made by both counsel, there is one previous case as against the petitioner, the banned contraband was seized and the petitioner is in custody from 18.09.2025, I am inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his 2/5
executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court-II, Coimbatore 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 at 10.30 a.m 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];
[d] If the accused thereafter absconds, a fresh FIR 3/5
can be registered under Section 269 of B.N.S. 08.10.2025 Vv 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-II, Coimbatore
2. The Inspector of Police, D4, Kuniyamuthur Police Station, Coimbatore District..
3. The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR , J.
4/5
Vv Crl.O.P.No.27104 of 2025 08.10.2025 5/5