Srinivasan v. State Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28781 of 2025 Srinivasan ... Petitioner/ Accused Vs The State rep. by, The Sub Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District.
(Crime No.396 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.396 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. C.D. Sugumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.10.2025 for the offences punishable under Sections 6(a), 24(1) of Cigarette and Other Tobacco Products Act r/w 123 of BNS in Crime No.396 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that on 02.10.2025 at about 03:00 p.m., while the respondent police were on their regular vehicle check up duty near Perambattu Check Post, they intercepted the petitioner who came on a two wheeler bearing Registration No.TN-24-AZ-9825 and found that the petitioner was in illegal possession of 255 packets of Hans (20 grams each). Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he in judicial custody since 02.10.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for 2/6
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 the case is pending. 5.
Considering the facts of the case, the quantity of contraband involved, the petitioner has no previous antecedents and considering 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 No.II at Tirupathur District 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. 23.10.2025 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 4/6
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 No.II, Tirupathur District.
2. The Sub Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District.
(Crime No.396 of 2025)
3. The Superintendent, Sub Jail at Tirupathur District.
4. The Public Prosecutor, High Court of Madras.
5/6
K. RAJASEKAR, J.
stn Crl.O.P. No.28781 of 2025 23.10.2025 6/6