G.Abimani Vs The State Represented by the Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.1028 of 2025 pending on the file of the respondent Police.

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For Petitioner : Mr.B.Balaji For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 04.09.2025, for the offence punishable under Sections 123 of BNS, 2023

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and Section 22(a) of Cigarettes and other Tobacco Products Act, 2003, in Crime No.1028 of 2025, registered on the file of the respondent, seeks bail.

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

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Crl.O.P.No.28211 of 2025

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The allegation against the petitioner is that the petitioner along

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with other accused were found in possession of 13.200 kgs of banned tobacco products. Hence, the case.

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The learned counsel appearing for the petitioner submitted that

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the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

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Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the major part of the investigation is over and further submitted that earlier bail petition was dismissed by this Court.

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Heard both sides and perused the materials available on record.

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6. Though the earlier bail petition was dismissed, considering the

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fact that the major part of the investigation is over and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

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

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Crl.O.P.No.28211 of 2025

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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 , each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruppur and on further conditions that:

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[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;

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[b] the petitioner shall report before the respondent police daily 10.00 a.m. for a period of two weeks, and thereafter as and when required for interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

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[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

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[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by

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

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Crl.O.P.No.28211 of 2025

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the Court in this regard;

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[f] 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 ];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

15.10.2025

sma

Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

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

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Crl.O.P.No.28211 of 2025

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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.

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To

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