Pazhanivel v. State Rep By, Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Pazhanivel ... Petitioner / Accused-4 -vsState Rep. By The Station House Officer, Annamalainagar Police Station, Cuddalore District.

(Crime No.170 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., and 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in Crime No.170 of 2025, pending on the file of the respondent police. For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.V.J.Priyadarsana, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.09.2025, for the alleged offence punishable under Sections 274, 275 and 123 1/6

of BNS, r/w Section 24(1) of COTPA Act, in Crime No.170 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.09.2025, the respondent police conducted a search in Annamalainagar, Usupur, Ammapettai, Velakkudi, during the search, the respondent police spotted Six suspicious individuals distributing something from a white sack amongst them under the bridge in Velakkudi. When the respondent police approached them, they tried to escape from the respondent police. One of the accused fled from the scene of occurrence. The respondent police got hold of the petitioner and Accused 2 to 5 along with the white sack. In the course of search, the respondent police found that the white sack was in the possession of the accused, which contains contraband such as 15 bundles of Hans [50 pockets in each], 26 pockets of Cool lip and Vimal Pan Masala and 126 pockets of V1 Tobacco. 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 would further submit that the petitioner was arrested and he is in judicial custody from 13.09.2025 and is ready to abide by any conditions that may be 2/6

imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner seized the tobacco products worth about Rs.11,47,360/- and one previous case is pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Chidambaram, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the concerned Judicial Magistrate at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;

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

[d] the petitioner shall not tamper with the 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];

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

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rna 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The learned Judicial Magistrate-I, Chidambaram. 2.The Station House Officer, Annamalainagar Police Station, Cuddalore District.

3.The Superintendent of Police, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

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