High Court · 2025

CRL OP(MD). No.3139 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction)Date : 21/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3139 of 20251. V.Palanichamy2. D.Sakthivel3. G.Sathish Nayak... Petitioners/A1, A2 & A4VsThe State of Tamil Nadu,Rep. by the Inspector of Police, K.Pudur Police Station, Madurai City. Crime No. 630/2024.... Respondent/ComplainantFor Petitioners: Mr.Mohammed Farook.H, AdvocateFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 2025PRAYER :- For Bail in Crime No.630 of 2024 on the file of the respondent police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 17.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.2. The petitioners/A1, A2 and A4 were arrested and remanded to judicialcustody on 25.12.2024 for the alleged offences punishable under Sections 274 and 123of BNS and Section 24(1) of Cigarettes and Other Tobacco Products Act, 2003, inCrime No.630 of 2024, on the file of the respondent-police.3. The case of the prosecution is that on 24.12.2024, at about 23:15 hours, basedon information, when the respondent-police were conducting a vehicle check onMelur Main Road, they intercepted two vehicles, namely a Bolero Pickup bearingRegistration No.TN-93-E-8664 and a TATA ACE Gold bearing Registration No.TN-93-C-0428. On inspection, it was found that A1 and A2 were transporting 1,000bundles of prohibited Ganesh Tobacco Products in the said vehicles. Following their2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 2025confession, it was revealed that A5 used to purchase the tobacco products wholesalefrom the Bangalore and sell them through A1 and A2 throughout Madurai. Therespondent-police seized the aforementioned vehicles along with the tobaccoproducts. As per the confession statement of A1, on 25.12.2024, at about 02:45 a.m.,the respondent-police rushed to Thumbaipatti, where a Swift car bearing RegistrationNo.TN-93-F-9762 and an Eicher Container Lorry bearing Registration No.KA-04-AB-5492 were parked. On seeing the police, A5 fled from the location, while A3 and A4were arrested. On searching the vehicles, the police found 3,250 bundles of Ganeshbrand tobacco products, 560 bundles of Cool Lip, 80 bundles of Vimal Panmasala,and 8,000 bundles of VI Panmasala. The respondent-police also seized the same. Thetotal weight of the tobacco products recovered from the arrested accused persons is1,200 kg. Hence, the case. 4. Mr.H.Mohammed Farook, the learned counsel appearing for the petitioners,submits that the petitioners have been falsely implicated in this case and thepetitioners did not commit any offence as alleged by the prosecution. He furthersubmits that the petitioners have been in judicial custody since 25.12.2024. Hetherefore prays to grant bail to the petitioners.3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 20255. Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl. Side) appearingfor the respondent-police, submits that one case is pending against the thirdpetitioner, which is similar in nature. He further submits that first and secondpetitioners are owner of the vehicles and there is no previous case pending againstthem. He further submits the petitioners were part of a large ganja-selling syndicate.He therefore submits that if the petitioners are enlarged on bail, they will commit asimilar offence again, cause threat to the witnesses and also tamper with evidence.Hence, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records.7. As far as the third petitioner is concerned, he has one previous case, which issimilar in nature, and hails from Karnataka State. Therefore, this Court is of the viewthat if the third petitioner is enlarged on bail, there is much possibility of himabsconding. Hence, this Court is not inclined to enlarge the third petitioner on bail.Accordingly, this Criminal Original Petition is dismissed as against the thirdpetitioner. 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 20258. The first and second petitioners were arrested on 25.12.2024 and are still injudicial custody. They have permanent residence and therefore, there is lesspossibility of absconding. Considering the same and also considering the period ofincarceration and taking note of the fact that the first and second petitioners have noprevious case and with a view to give an opportunity to the first and secondpetitioners to reform themselves, this Court is inclined to grant bail to the first andsecond petitioners, however, subject to certain conditions. Accordingly, bail isgranted to the first and second petitioners subject to the following conditions:(i) The first and second petitioners shall execute a bond for Rs.25,000/-(Rupees Twenty Five Thousand only) each along with two sureties each for a likesum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of thelearned Judicial Magistrate No.VI, Madurai. (ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate No.VI, Madurai shall obtain a copy ofany one of identity proofs to ensure their identity;5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 2025(iii) The first and second petitioners shall attend in accordance with theconditions of the bond to be executed under Chapter XXXV of BNS, 2023;(iv) The first and second petitioners shall not commit an offence similar to theoffence of which they are accused, or suspected, of the commission of which they aresuspected;(v) The first and second petitioners shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence;(vi) The first and second petitioners shall not, directly or indirectly, cause anythreat to the defacto complainant and witnesses;(vii) The first and second petitioners shall furnish their residential address andmobile number to the concerned Judicial Magistrate;6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 2025(viii) The first and second petitioners shall appear and sign before theconcerned Judicial Magistrate, on all working days, at 10.00 a.m., until further orders;and(ix) On breach of any of the aforementioned conditions, the learned said JudicialMagistrate No.VI, Madurai is entitled to pass appropriate orders against the first andsecond petitioners in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is allowed as far as the first andsecond petitioners are concerned subject to the conditions stated supra and thisCriminal Original Petition is dismissed as far as the third petitioner is concerned.Sd/- 21/02/2025 / TRUE COPY / 21/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. trp7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3139 of 2025TO1 THE JUDICIAL MAGISTRATE NO.VI MADURAI2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.4 THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.H.MOHAMMED FAROOK, Advocate ( SR-1945[I] dated 21/02/2025 ) ORDER IN CRL OP(MD) No.3139 of 2025 Date :21/02/2025 ES/SAR /21.02.2025/8P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 8/8