J.Prakash Chand v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28348 of 2025 J. Prakash Chand ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, M2, Thondamuthur Police Station, Coimbatore District.

(Crime No.223 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.223 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. M.N. Balakrishnan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.09.2025 for the offences punishable under Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 and 123 of BNS (Section 328 of IPC) in Crime No.223 of 2025, registered on the file respondent police, seeks bail. 2.

The case of the prosecution is that on 29.09.2025, while the respondent police were on their routine patrol duty near Kulathupalayam Junction at Coimbatore, they found that the petitioner was in illegal possession of 7.371 kilograms of banned tobacco products (59 packets of Vimal Pan Masala, 52 packets of N-1 Tobacco and 8 packets of Hans). Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he is in custody since 29.09.2025. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner has no previous antecedents; and that the investigation of this case is pending. 5.

Considering the facts of the case, the quantity of contraband involved in this case, the petitioner has no previous antecedents and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

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 each, for a like sum to the satisfaction of the learned Judicial Magistrate Court-VI, 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; 3/6

[b] the petitioner shall report before the respondent police daily 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 can be registered under Section 269 of B.N.S. 16.10.2025 stn 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 4/6

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

To

1. The Judicial Magistrate VI, Coimbatore

2. The Inspector of Police, M2, Thondamuthur Police Station, Coimbatore District.

(Crime No.223 of 2025)

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

Crl.O.P. No.28348 of 2025 16.10.2025 6/6