Avama Vs the State by, the Inspector of Police

PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.35 of 2025 pending investigation on the file of the respondent police.

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

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ORDER

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This Criminal Original Petition has been filed by the petitioner, who

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was arrested and remanded to judicial custody on 15.02.2025, seeking bail in

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Page No.1 of 6

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

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Crl.O.P.No.6062 of 2025

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Crime No.35 of 2025 registered for the offence under Sections 7(5) and 20(2) of COTPA, 2003 r/w 123 of BNS, 2023 and Section 77 of JJ Act, 2015.

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2.It is the case of the prosecution that the petitioner along with the other accused was found in illegal possession of 420 gms of banned tobacco products. Hence, the case.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and there is no previous case against the petitioner; that the contraband has been seized and the petitioner is in custody from 15.02.2025 and hence, further custody of the petitioner is not required.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there is no previous case pending against the petitioner and the contraband has been seized.

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5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

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Page No.2 of 6

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

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Crl.O.P.No.6062 of 2025

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6.Considering the nature of allegations, period of incarceration and

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the fact that the petitioner has no bad antecedents and the contraband has

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been seized and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail on her

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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 District

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Munsif cum Judicial Magistrate, Arcot, 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

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Page No.3 of 6

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

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Crl.O.P.No.6062 of 2025

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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 Magistrate/Trial Court himself

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as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala

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[(2005)AIR SCW 5560];

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

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04.03.2025

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ata

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