Prasanth K Vs State rep. by The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.118 of 2025 pending investigation on the file of the respondent police.

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For Petitioner : Mr.C.S.Saravanan

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For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis

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O R D E R

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Crl.O.P.No.15411 of 2025

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The petitioner, who was arrested and remanded to judicial custody on 27.04.2025, for the alleged offences punishable under Sections 123 of BNS Act (328 of IPC) and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.118 of 2025, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner along with other accused was found in possession of 480 kgs of banned tobacco products. Hence, the case.

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Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner has been in judicial custody from 27.04.2025. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.1,00,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15411 of 2025

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Learned Government Advocate for the respondent submitted that the petitioner along with other accused was found in possession of 480 kgs of banned tobacco products and thereby, he opposed for grant of bail to the petitioner.

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

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Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also taking into account the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on

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his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Mettupalayam and on further conditions that:-

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[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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15411 of 2025

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ensure their identity;

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[b] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non-refundable deposit either through RTGS/NEFT/cash/demand draft in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioner;

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[c] the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;

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

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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[f] 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 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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15411 of 2025

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[(2005)AIR SCW 5560];

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[g] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 B.N.S.

21.05.2025

Sma

Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

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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 official website of this Court will be watermarked and will also have a QR code.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15411 of 2025

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N.SENTHILKUMAR,J.

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Sma

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To