Crl.O.P.No.2870 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2870 of 2025 Viji @ Vijayakumar ... Petitioner/Accused No. 1 Vs. The State represented by, The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District. (Crime No.49 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.49 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.D.Balaji For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.01.2025, seeking bail in Crime No.49 of 2025 registered for the offence under Sections 275, 123, 62 of BNS 2023 read with Section 24(1) of COTPA Act, 2003. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2870 of 2025 2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of banned tobacco products worth about Rs.87,000/-. Hence the case. 3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 20.01.2025 and since the contraband has been seized, the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner has ten previous cases. 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. 6. Considering, the nature of allegation; the petitioner is on bail in other cases; period of incarceration and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2870 of 2025 certain conditions. 7. 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 Judicial Magistrate, Arani, Tiruvannamalai. [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; [b]the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the "District Legal Services Authority, Tiruvannamalai", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2870 of 2025 [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 06.02.2025 Sma To 1. The Judicial Magistrate, Arani. 2. The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District. 3. The Superintendent, Central Prison, Vellore 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2870 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.2870 of 2025 06.02.2025 5/5 https://www.mhc.tn.gov.in/judis