Gopi v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. GOPI S/o.Loganthan, Pillaiyar Koil Street, Venkatapuram Village, Senji Post, K.V.Kuppam Taluk, Vellore District.
Petitioner(s) Vs
1. State by Inspector of Police, Thiruvalam Police Station, Vellore District.
Cr.No.162/2025 Respondent(s) PRAYER To enlarge the petitioner on bail pending investigation in Crime No.162 of 2025 on the file of the respondent and thus render justice. For Petitioner: Mr.N.Sudharsan For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.10.2025, for the alleged offence punishable under Sections 7(5) and 20(2) Cigaratte and other tobacco products 2003 and r/w.123 of BNS 2023 in Crime No.162 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner is involved in possession of 220 grams of banned tobacco products and hence, he was arrested.
3. Learned counsel appearing for the petitioner submitted that in this case, the co-accused who was arrested along with the petitioner has already been released on bail, and though it is stated that the petitioner is having some previous cases, those cases were not connected with the Cigaratte and other tobacco products Act. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that the total seizure is 220 grams and the petitioner was arrested on 01.10.2025 and the investigation in this case is not concluded. Hence, 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 fact that the petitioner was found in possession of 220 grams of banned tobacco products which is a small quantity, I am 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, Vellore, 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
[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.
31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa
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, Katpadi, Vellore.
2.State by Inspector of Police, Thiruvalam Police Station, Vellore District.
Cr.No.162/2025
3. The Superintendent of Police, Central Prison, Vellore. 4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 29621 of 31-10-2025