Allowed

Chakkaraisamy v. the State Rep by

Madras HC2 Jan 2025CRL OP/32250/2024

Case brief

AI extract

What is this about?

Petitioner sought bail for alleged illegal possession of banned tobacco products under COTPA and related provisions. Considering period of incarceration and his undertaking to deposit Rs.10,000 to a welfare trust, the court granted bail on bond with two sureties and conditions including daily police reporting.

What did the court decide?

Bail granted on Rs.15,000 bond with two sureties, subject to conditions including deposit of Rs.10,000 and daily reporting at 10.30 a.m.

Chakkaraisamy Vs the State Rep by — Bail and Remand | Madras HC (2025)

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Crl.O.P.No.32250 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.01.2025

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.32250 of 2024

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Chakkaraisamy ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, H-6 RK Nagar Police Station, Chennai. (Crime No.1310 of 2024). ... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.1310 of 2024, pending investigation on the file of the respondent Police.

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For Petitioner : Mr.V.Karthick For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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Petition seeking bail in respect of Crime No.1310 of 2024 registered for

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the alleged offences punishable under Section 24(1) of the Cigarette and other Tobacco Products Act and under Sections 7 r/w 9(ii) of The Prohibition of Smoking and Spitting Act and Section 132 of BNS, is on board for consideration.

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No.32250 of 2024

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The incarceration of the petitioner being from 09.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, aged about 60 years, is ready to abide by any stringent condition that may be imposed by this Court. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization.

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The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused were found to be in illegal possession of banned tobacco products viz., 125 Hans packets and 3 packets of Cool lip. He further submits that six previous cases are pending against the petitioner/A1, in which, three were disposed and further, the present case is under investigation.

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Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten Thousand only) to the credit of "Light Social Welfare Trust, Canara Bank, Arumuganeri Branch, A/c.No.1102101018391 IFSC Code : CNRB0001102", without prejudice to the right of defence before the trial Court and making it clear that it would not amount to admission of guilt.

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No.32250 of 2024

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Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, Chennai, 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 ensure their identity;

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

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

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[e] 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

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