High Court · 2025

CRL OP (MD) No.4925 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 18.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4925 of 2025Vellaiyan... Petitioner/ Accused No.1VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Town West Police Station,Thanjavur District.Crime No.89 of 2025... Respondent/ComplainantFor Petitioner: Mr.R.L.Dhilipan PandianFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For bail in Crime No.89 of 2025 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 14.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.1 was arrested and remanded to judicial custodyon 27.02.2025 for the alleged offences punishable under Section 123 of BharatiyaNyaya Sanhita (BNS), 2023 and Section 24(1) of the Cigarettes and Other TobaccoProducts Act, 2003, in Crime No.89 of 2025 on the file of the respondent-police.3. The case of the prosecution is that, based on secret information, on 27.02.2025,at about 17:30, when the respondent-police were conducting a raid at the shop of A2,located at the Thanjavur Old Bus-stand, they found A2, the owner of the shop, andthe petitioner (A1), who is a labourer at the shop, in possession of banned tobaccoproducts, i.e. 27 Hans Pockets, each weighing 300 grams (totalling 8 kilograms 100grams), 13 Hans Pouches, each weighing 20 grams (totalling 0.270 kilograms), 16Vimal Pockets, each weighing 75 grams (totalling 1 kilogram 200 grams), 2 Cool LipPockets, each weighing 0.201 grams, and 18 V1 Pockets, each weighing 360 grams2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 2025(totalling 0.360 kilograms), amounting to a total of 10 kilograms 131 grams. Thesebanned tobacco products were found in the shop and were intended for sale. Thepetitioner was arrested, and the banned tobacco products were seized. Hence, thecase. 4. Mr.R.L.Dhilipan Pandian, the learned counsel appearing for the petitioner,submits that the petitioner did not commit any offence as alleged by the prosecutionand that he has been falsely implicated in this case. He further submits that thepetitioner is only a labourer at the shop and has nothing to do with the allegedoffence. He however submits that the petitioner is ready to abide by any conditionthat may be imposed by this Court. He further submits that the petitioner has been injudicial custody since 27.02.2025. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that the petitioner has one previouscase, which is not similar in nature. He further submits that the investigation of thiscase is pending, and therefore, at this stage, if the petitioner is enlarged on bail, hewill commit similar offence and tamper with the evidence. Hence, he prays to dismissthis Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 20256. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 27.02.2025 and has been in judicial custodysince then. In view of the offence alleged against the petitioner and the fact that pre-arrest bail was already granted to the owner of the shop/A2 by this Court vide orderdated 07.03.2025 in Crl.O.P.(MD) No.4319 of 2025, this Court is of the opinion thatfurther custody of the petitioner is not necessary in this case. Further, the petitionerhas permanent residence and deep roots in the society. Hence, there is less possibilityof absconding. Considering the same, and also considering the period ofincarceration, and with a view to give one more opportunity to the petitioner toreform himself, this Court is inclined to grant bail to the petitioner, however, subjectto certain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 2025(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.I, Thanjavur shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.I, Thanjavur;(iv) The petitioner shall appear and sign before the respondent-Police daily at10.00 a.m., until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of which heis accused, or suspected, of the commission of which he is suspected;(vii) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade him5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 2025from disclosing such facts to the Court or to any police officer or tamper with theevidence; (viii) The petitioner shall not directly or indirectly cause any threat to thewitnesses and general public; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Thanjavur is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposed byhim as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005)13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 18/03/2025 / TRUE COPY / 19/03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. MBI6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4925 of 2025TO1 THE JUDICIAL MAGISTRATE NO.ITHANJAVUR.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATETHANJAVUR DISTRICT AT KUMBAKONAM.3 THE INSPECTOR OF POLICE,TOWN WEST POLICE STATION,THANJAVUR DISTRICT.4 THE OFFICER INCHARGE,DISTRICT JAIL, THANJAVUR.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4925 of 2025 Date :18/03/2025 SS/SAR- /19/03/2025/ 7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7