High Court · 2025

Crl.O.P.No.15037 of 2025Crl.O.P.No.15037 of 2025M.NIRMAL KUMAR, J.This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner.2.In paragraph No.7(b) of the order, dated 16.05.2025 in Crl.O.P.No.15037 of 2025, it has been wrongly mentioned as follows:“7[b]The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA),Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the District Munsif cum Judicial Magistrate, Pochampalli and the receipt shall be produced at the time of executing the bond; ”M.NIRMAL KUMAR, J.Page No.1 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025cse3.Accordingly, the paragraph No.7(b) of the order dated 16.05.2025 shall be read as follows:“7[b]The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA),Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the learned Judicial Magistrate No.II, Ulundurpet and the receipt shall be produced at the time of executing the bond; ”4.Registry is directed to issue the fresh order copy after incorporating the necessary corrections.19.05.2025cseCrl.O.P.No.15037 of 2025Page No.2 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.05.2025CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMARCrl.O.P.No.15037 of 2025Sivakumar... PetitionerVs.State rep. by Station House OfficerThirnavalur Police StationKallakurichi DistrictCrime No. 228 of 2025. ... RespondentPRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.228 of 2025 pending on the file of the Respondent police.For Petitioner:Mr.Krishnasamy ChinnasamyFor Respondent:Mr.Leonard Arul Joseph SelvamGovernment Advocate (Crl.Side)O R D E RThe petitioner, who was arrested and remanded to judicial custody on 03.05.2025, for the offence punishable under Sections 123 of BNS r/w Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, in Page No.3 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025connection with Crime No.228 of 2025, registered on the file of the respondent, seeks bail.2. The case of the prosecution is that the petitioner was found to be in possession of Hans 20 packs, Cool Lip (4 packs) and Vimal 43 packs. Hence, the case.3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 03.05.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that petitioner is the single accused and he was arrested on 03.05.2025. He further submitted that there Page No.4 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025is one previous case which is similar in nature pending against him.5. Heard both sides and perused the materials available on record.6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ulundurpet, and on further conditions that:[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;Page No.5 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025[b]The petitioner shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA),Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the District Munsif cum Judicial Magistrate, Pochampalli and the receipt shall be produced at the time of executing the bond;[c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;[d] the petitioner shall make himself available for interrogation by a Police Officer as and when required;[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, Page No.6 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 2025the 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];[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.16.05.2025nrNote:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. 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.ToPage No.7 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 20251. The Judicial Magistrate No.II Ulundurpet,2. Station House OfficerThirnavalur Police StationKallakurichi District3. The Superintendent, Sub-Jail, Ulundurpet, Kallakurichi District.4. The Public Prosecutor, High Court of Madras.M.NIRMAL KUMAR, J.nr Crl.O.P.No.15037 of 2025Page No.8 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15037 of 202516.05.2025.Page No.9 of 9