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CRL OP No. 35588 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

CRL OP No. 35588 of 2025

1.Deepika

Wife of Srinath

2.Neethipathi

Son of Panneerselvam

Petitioner(s)

Vs

State Rep. by

The Inspector of Police, Velipalayam

Police Station, Nagapattinam.

Crime No.326/2025.

Respondent(s)

PRAYER

The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge

the petitioners on BAIL Pursuant to the Crime No.326 of 2025 pending

investigation on the file of the Inspector of Police, Velipalayam Police Station

and thus render justice.

For Petitioner(s): Mr.V.Karthikeyan

For Respondent(s): Mr.S.Vinoth Kumar

Government Advocate (Crl.Side)

ORDER

The petitioner / Accused, who was arrested and remanded to judicial

custody on 24.10.2025 for the offence punishable under Section 123 of BNS,

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CRL OP No. 35588 of 2025

2023 read with 7, 20(1) of COTPA Act and Section 4(1)(C) of Tamil Nadu

Prohibition (Amendment) Act in Crime No.452 of 2025, on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner involved

transportation of banned tobacco products of 315.500 kgs from Karnataka to

Tamil Nadu along with 6 litres of Karnataka State liquor for the purpose of

selling to this State. The police have intercepted the car used for transportation

and the petitioner was arrested and the contraband was seized from him. Hence,

this case.

3. The learned counsel for the petitioner would contend that the petitioner

was falsely implicated as an accused in this case. He is an innocent and nothing

to do with the alleged offences. He is in judicial custody from 24.10.2025.

Therefore, prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the

respondent police reiterated the prosecution case and submitted that the

contraband has already been seized. He further submitted that the investigation

is still pending and also submitted that the petitioner has no previous case

pending against him.

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CRL OP No. 35588 of 2025

5. Heard both sides and perused the materials available on record.

6. Considering the nature of offences and also taking note of the fact that

the petitioner is in judicial custody from 24.10.2025, moreover, the petitioner

has no previous case and also considering the period of incarceration of the

petitioner from 24.10.2025, this Court is inclined to grant bail to the petitioner,

subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on

condition to execute 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, Hosur and on further conditions that:

[b] the petitioner shall report before the respondent police daily at

10.00 a.m. for a period of 30 days and thereafter as and when required for

interrogation;

[c] the petitioner shall not commit any offence similar to the offence of

which he is accused, or suspected, or of the commission of which he is

suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of the case so as to

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CRL OP No. 35588 of 2025

dissuade him from disclosing such facts to the Court or to any police officer or

tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial

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