Sadikbasha Vs State rep. by

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.430 of 2025 on the file of the respondent police.

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

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

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Crl.O.P.No.31163 of 2025

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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02.11.2025 for the offences punishable under Sections 275, 123 BNS r/w Sec. 7(1), 20(2) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.430 of 2025, registered on the file of the respondent police, seeks bail.

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The case of the prosecution is that on 02.11.2025, based on a secret information, the respondent police went to the petitioner's shoe shop and found that the petitioner was in illegal possession of 41 packets of tobacco products (12 kgs hans chaap packets) in his shop. Hence, this case.

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The 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 02.11.2025; and that the petitioner is ready to abide by

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any stringent conditions that may be imposed by this Court and sought for bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for the

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respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner has no previous antecedents; and that the

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

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Crl.O.P.No.31163 of 2025

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investigation of this case is pending.

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Considering the facts and circumstances of the case, the nature of allegation and contraband involved in this case, the petitioner has no previous antecedents and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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.20,000/- (Rupees Twenty Thousand only) with two sureties each , for a like sum to the satisfaction of the

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learned District Munsif Cum Judicial Magistrate Court, Valappady, Salem District 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 stay at Thiruvarur and report before the learned Judicial Magistrate-I, Thiruvarur daily at 10:30 a.m., for a period of four weeks and

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

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Crl.O.P.No.31163 of 2025

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thereafter, as and when required for interrogation by the respondent police ;

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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 ];

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

14.11.2025

stn

Note :

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

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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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