Mohan Vs State by, 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.94 of 2025 pending investigation on the file of the respondent police.

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For Petitioner : Mr.D.Thirumoorthy 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 19.02.2025, seeking bail

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

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Crl.O.P.No.7148 of 2025

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in Crime No.94 of 2025 registered for the offence under Sections 7(5) and 20(2) of COTPA, 2003 r/w Section 123 of BNS 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

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other accused was found in possession of 2.655 kgs of banned tobacco products. Hence, the case.

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3.The learned counsel for the petitioner would submit that the allegations are false; that the contraband has been seized and the petitioner has no bad antecedents; that the petitioner is in custody from 19.02.2025 and that in any case, considering the period of incarceration, he may be released on bail.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated

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the prosecution case and submitted that the contraband has been seized and the petitioner has no bad antecedents.

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

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Crl.O.P.No.7148 of 2025

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5.Heard the learned counsel on either side and perused the materials

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available on record.

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6.Considering the nature of allegations, period of incarceration, the fact that the contraband was seized, the fact that the petitioner has no bad antecedents and since further custody of the petitioner is not required, this

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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 his

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

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Crl.O.P.No.7148 of 2025

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[d] the petitioner shall not tamper with evidence or witness either

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during investigation or trial;

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[e] On breach of any of the aforesaid conditions, the learned

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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

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

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of Kerala [(2005)AIR SCW 5560];

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