Panchatcharam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Panchatcharam Petitioner Vs The State Rep by, The Inspector of Police, Acharapakkam Police Station, Chengalpattu District Crime No. 273 of 2025.

Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No. 273 of 2025 pending investigation on the file of the respondent police.

For Petitioner:

Mr.D.Padmanabhan For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.10.2025, for the offences punishable under Section 123, 274, 275 of BNS 2023 and r/w sec.24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No. 273 of 2025, registered on the file respondent police, seeks bail. 2.The allegation against the petitioner is that the petitioner had involved in the transportation and sale of 43.75 kilo grams of banned tobacco products. Hence the case.

3.The learned counsel appearing for the petitioner submitted that the contraband was seized from other co-accused and the petitioner has no previous case and he has been falsely implicated based on the confession recorded from A1. He further submits that the other co-accused were granted bail in Crl.O.P.No. 30258 of 2025, dated 06.11.2025 by this Court. He further submits 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 the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that A2 is the supplier of the contraband to A1. He further submits that investigation is not yet completed. He further submits that the petitioner has no previous case.

5.Heard both sides and perused the materials available on record.

6. Considering the fact that the petitioner is not having any previous case, the property has also been recovered, investigation is not yet completed and also considering the quantity involved in this case and co-accused were granted bail in Crl.O.P.No. 30258 of 2025, dated 06.11.2025, I am inclined to grant bail to the petitioner with 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Madhuranthagam, Chengalpattu Districtg, 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;

[b] the petitioner shall appear before 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.

18-11-2025 MSM Index:Yes/No Speaking/Non-speaking order

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.II, Maduranthagam.

2.The Sub Inspector of Police, Achirapakkam Police Station Chengalpattu District, Crime No. 273 of 2025.

3.The Superintendent, Central Prison, Puzhal-II, Chennai.

4. The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

MSM CRL OP No. 31474 of 18.11.2025