Nithiyanandhababu v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2025 CORAM :

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.36146 of 2025 Nithyanandhababu ... Petitioner -vsState Rep by, The Inspector of Police, Shevapet Police Station, Salem City.

(Crime No.399 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.399 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.Swamisubramanian For Respondent :

Mr.S.Vinoth Kumar, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.11.2025 for the offences punishable under Sections 77 of JJ Act and Section 24(1) r/w 6 of COTPA Act in Crime No.399 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.11.2025 based on a secret information, the respondent police went to the spot, intercepted a Renault Triber Car bearing Registration No.TN-52-AD-4302; that after compliance of all the mandatory provisions, the respondent conducted search and found that the petitioner herein was involved in illegal possession and transportation of 1000 big packets of Hans (each 300 grams) and 500 big packets of Cool Lip (each 100.8 grams) in the said car. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 14.11.2025; that the petitioner is only the driver of the car and he was not aware about the contraband band transported; and that the petitioner is ready to abide by any condition that may be imposed by this Court, hence prays to grant bail to the petitioner.

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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 350 kilograms of banned tobacco products were involved in this case; that the petitioner also confessed the names of other three accused, who were also involved in the offence; and that the investigation of this case is pending.

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

6. Considering the nature of offences, the petitioner is not having any previous cases, and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Salem, and on further conditions that:- [b] the petitioner shall report before the respondent police on daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence 3/6

of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

30.12.2025 rna 4/6

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.3, Salem.

2.The Inspector of Police, Shevapet Police Station, Salem City.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL, J.

rna Crl.O.P.No.36146 of 2025 30.12.2025 6/6