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Madras High CourtCRL OP/31121/2025granted

Egambaram v. State Of Tamilnadu Rep By The Inspector Of Police

2025-11-21Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Egambaram ... Petitioner -VsState Rep by, The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District.

(Crime No.418 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.418 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.D.Babu Varadharajan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.10.2025, for the alleged offences punishable under Section 123 of BNS r/w Section 24(1) of COTPA Act in Crime No.418 of 2025, registered on the file of 1/6

the respondent police, seek bail.

2. Earlier this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.28495 of 2025 by order dated 17.10.2025 on the ground that the investigation in this case is pending.

3. Learned counsel appearing for the petitioner submitted that the petitioner has no bad antecedents and he is in judicial custody from 08.10.2025 and is ready to abide by any conditions that may be 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 reiterated the prosecution case and submitted that the petitioner along with other accused were illegally transported 246 kilograms of banned tobacco products and the contraband was recovered from the petitioner. He further submitted that the petitioner has no bad antecedents. Hence, he opposed for the 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 above facts and circumstances stated above, the submissions made by the learned counsel on either side, the contraband was recovered from the petitioner and the fact that the petitioner has no bad antecedents, this Court is inclined to grant bail to the petitioner. 2/6

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, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kallakurichi 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 three 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 3/6

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.

21.11.2025 drl 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 No.I, Kallakurichi.

2.The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District.

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3.The Superintendent of Prison, Sub Jail, Kallakurichi.

4.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J.

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