Vignesh v. The State Rep By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Vignesh ... Petitioner -VsState Rep by, The Sub Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.407 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.407 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.R.Hari For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.10.2025, for the alleged offence punishable under Sections 7(5), 20(2) of Cigarette and other Tobacco Products Act 2003 and 123 of BNS, 2023 in Crime No.407 of 2025, on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner is that, the petitioner join hands with other accused was involved in the possession and sale of 113 kgs of banned tobacco products. Hence, the complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that though the FIR states that two vehicles were involved, this petitioner was only using a twowheeler, and from his possession, 15 kgs of banned tobacco products were recovered. He further submitted that the petitioner was arrested and he is in judicial custody from 23.10.2025 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 is ranked A2, and the petitioner was arrested on 23.10.2025 and that he has no previous case pending against him. However, he opposes to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, the period of incarceration undergone by the petitioner, and the fact that 15 kgs of banned tobacco products found in the petitioner's possession were 2/5

recovered and that the petitioner has no bad antecedents, this Court is inclined to grant bail to the petitioner.

7. 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, 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 3/5

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.

19.11.2025 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.

2.The Sub Inspector of Police, Katpadi Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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