Ganpat Ram v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32690 of 2025
1. Ganpat Ram 2.Chana Ram Petitioners Vs The State Represented by The Sub Inspector of Police, Katpadi Police Station, Vellore District.
Crime No.400 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.400 of 2025 on the file of the respondent police. For Petitioners: Mr.S.Thirugnanam For Respondent: Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 14.10.2025 for the alleged offence punishable under Section 123 of BNS, 2023 read with Sections 7(5) and 20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), in Crime No.400 of 2025, seeks bail.
2. The allegation against these petitioners is that, these petitioners are ranked as A1 and A2, who were joined hands with other four accused involving transportation of banned tobacco products of 334 kgs from Karnataka to Tamil Nadu and they were intercepted and the police have seized the property. Hence this case.
3. Earlier, this Court dismissed the bail petition in Crl.OP.No.30631 of 2025 dated 10.11.2025, on the ground that the coaccused is still absconding, huge quantity and investigation pending.
3. However, the learned counsel appearing for the petitioners submitted that the petitioners are in judicial custody since 14.10.2025 and that the petitioners have no previous case pending against them. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioners hail from Rajasthan and that the co-accused A3 to A6 are still absconding. Hence, he opposed for the grant of bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that the petitioners are in judicial custody from 14.10.2025, though it is stated that the co-accused is still absconding, the petitioners have no previous case, this Court is inclined to grant bail to the petitioners on certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on
their executing a separate 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, Katpadi, Vellore District, 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 petitioners 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 petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 28.11.2025 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, Katpadi, Vellore District.
2.The Sub Inspector of Police, Katpadi Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor,
High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32690 of 2025
28.11.2025