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Madras High CourtCRL OP/33937/2025granted

Lakshmana Kumar v. The State Rep By The Sub Inspector Of Police

2025-12-11Honourable Mr.Justice K.Rajasekar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 33937 of 2025 Lakshmana Kumar ... Petitioner Vs.

The State represented by The Sub Inspector of Police, Veerapandi Police Station Tiruppur District Crime No.623 of 2025.

... Respondent Prayer: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 623 of 2025 pending on the file of respondent police. For Petitioner : Mr.G.Pandian For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 09.10.2025 for the alleged offence punishable under Sections 123 of BNS r/w 22(a) of COTPA Act, in Crime No. 623 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner was found in possession of 4.5 kgs of banned tobacco products. Hence the case.

3. Earlier this Court dismissed the bail petition in Crl.OP.No.32176 of 2025 dated 25.11.2025 on the ground that the petitioner is having previous cases.

4. Learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 09.10.2025 and the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed to grant bail to the petitioner.

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5. Considering the fact that now the petitioner is in judicial custody from 09.10.2025 for more than 63 days; that the investigation is pending, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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.IV, Tiruppur, 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] that the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation.

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[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.

11.12.2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 4/6

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.

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To 1.The Judicial Magistrate No.IV, Tiruppur.

2.The Central Prison, Coimbatore.

3.The Public Prosecutor High Court of Madras.

4.The Sub Inspector of Police, Veerapandi Police Station Tiruppur District Crime No.623 of 2025.

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K.RAJASEKAR J.

MSM CRL OP No. 33937 of 7/6

11.12.2025 8/6