Jayesh Vs State Rep. by S.H.O

PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.45 of 2025 pending investigation on the file of the respondent police.

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For Petitioners : Mr.R.Parthiban For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

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

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Crl.O.P.No.7158 of 2025

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ORDER

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This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 19.02.2025, seeking bail in Crime No.45 of 2025 registered for the offence under Sections 286, 123 of BNS r/w 24(1) and 6(b) of COTPA.

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2.It is the case of the prosecution that the petitioners along with the other accused were found in illegal possession of 299 kgs of banned tobacco products worth about Rs.2,38,500/-. Hence, the case.

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3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have no bad antecedents; that the contraband has been seized and in any case, considering the period of incarceration suffered by the petitioners from 19.02.2025, they may be released on bail.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband has been recovered and the petitioners have no bad antecedents.

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

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Crl.O.P.No.7158 of 2025

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

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6.Considering the nature of allegations, period of incarceration, the fact that the petitioners have no bad antecedents, the fact that the contraband has been seized and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions:

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7.Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties , each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Kattumannarkoil, 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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7158 of 2025

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[b] the petitioners shall report before the respondent Police,

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everyday at 10.30 a.m., until further orders;

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[c] the petitioners shall not abscond either during investigation or

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trial;

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[d] the petitioners 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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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

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of Kerala [(2005)AIR SCW 5560];

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[f] If the accused thereafter absconds, a fresh FIR can be registered

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under Section 269 B.N.S.

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12.03.2025

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ata

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