High Court · 2025

Crl.O.P.(MD).No.6325 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 07/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD) Nos.6325 & 6387 of 2025Crl.O.P.(MD).No.6325 of 2025K.Vanniyaraj... Petitioner/Accused No.3 VsThe State of Tamil NaduRep. by the Inspector of Police, SIPCOT Police Station, Thoothukudi District.Crime No.291 of 2025 ... Respondent/Complainant For Petitioner : Mr.Sankar.K, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 2025Crl.O.P.(MD).No.6387 of 2025David Selvam ... Petitioner/Accused No.2 VsThe State of Tamil NaduRep. by the Inspector of Police, SIPCOT Police Station, Thoothukudi District.Crime No.291 of 2025 ... Respondent/ComplainantFor Petitioner : Mr.S.Senthil Sankara Natha Kumar AdvocateFor Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side PETITIONS FOR BAIL Under Sec.483 of BNSSCOMMON PRAYER :- For bail in Crime No.291 of 2025 on the file of the respondent-police.COMMON ORDER : The Court made the following common order :- These Criminal Original Petitions have been filed by the petitioners on 03.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 20252. The petitioners / Accused Nos.2 and 3 were arrested and remanded tojudicial custody on 19.03.2025 for the alleged offences punishable under Section 123of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 24(1) of Cigarette and OtherTobacco Product Act, 2003, in Crime No.291 of 2025, on the file of the respondent-police.3. The case of the prosecution is that on 19.03.2025, at about 10.00 a.m., nearMappilaioorani Vilakku, Thoothukudi, the defacto complainant, who is the Inspectorof Police, along with his police team, was conducting a vehicle check-up. During theinspection, they intercepted a two-wheeler [Activa] bearing Registration No.TN-59-BE-7783 ridden by Accused No.1. On seeing the police, the Accused No.1 attemptedto fly from the spot. However, the respondent-police apprehended him. On search,the police found that Accused No.1 was transporting banned tobacco products,namely, Ganesh 701-20 packets, Cool Lip-24 packets, Vimal Panmasala-15 packets, V1Tobacco-50 packets. The police seized the prohibited tobacco products and thealleged vehicle from him. Based on the confession statement given by Accused No.1,the police team proceeded to another location at 10.30 a.m., where they arrestedAccused No.2 and recovered Ganesh 701-24 packets, Cool Lip-14 packets, Vimal Pan3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 2025Masala-4 packets, V1 Tobacco-20 packets from his shop. Subsequently, based on theconfession statement given by Accused Nos.1 and 2, the police team proceeded toanother location at 11.15 a.m., where they arrested Accused No.3 and recoveredGanesh 701-22 packets, Cool Lip-13 packets, Vimal Pan Masala-3 packets, V1Tobacco-12 packets from his shop. Hence, the case.4. Mr.K.Sankar and Mr.S.Senthil Sankara Natha Kumar, learned counselappearing for the petitioners, submit that the petitioners have not committed anyoffence as alleged by the prosecution and that they have been falsely implicated inthis case. They further submit that the petitioners have been in judicial custody since19.03.2025 and are ready to abide by any conditions that may be imposed by thisCourt. Accordingly, they pray to grant bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the banned tobacco productsand alleged vehicle have been recovered from the accused persons. He furthersubmits that there are four previous cases pending against Accused No.2/ petitionerin Crl.O.P (MD).No.6387 of 2025, and there are four previous cases pending againstAccused No.3/ Petitioner in Crl.O.P (MD).No.6325 of 2025 and all the cases are4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 2025similar in nature against these petitioners, and therefore, if the petitioners areenlarged on bail, they will commit similar offence and endanger the health of thegeneral public. Hence, he vehemently opposes to grant bail to the petitioners.6. Heard on both sides. This Court has perused the records.7. The petitioners were arrested on 19.03.2025 and have been in judicial custodysince then. In view of the nature of offences allegedly committed by the petitionersand the alleged banned tobacco products and the vehicle have been seized from theaccused person, this Court is of the opinion that further custody of the petitioners isnot necessary for the Investigation Agency in this case. Further, the petitioners havepermanent residence, and hence, there is less possibility of absconding. Consideringthe same and with a view to give one more opportunity to the petitioners to reformthemselves, this Court is inclined to grant bail to the petitioners, however, subject tocertain conditions. Accordingly, bail is granted to the petitioners subject to thefollowing conditions:(i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) each along with two sureties each for a like sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 2025Magistrate No.III, Thoothukudi;(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.III, Thoothukudi shall obtain acopy of any one of identity proofs to ensure their identity;(iii) The petitioners shall furnish their residential address and mobile number tothe learned Judicial Magistrate No.III, Thoothukudi;(iv) The petitioners shall appear and sign before the respondent-police daily at10.30 a.m., until further orders;(v) The petitioners shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioners shall not commit an offence similar to the offence of whichthey are accused, or suspected, of the commission of which they are suspected;6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 2025(vii) The petitioners shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade themfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;and (viii) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.III, Thoothukudi is entitled to pass appropriate orders against thepetitioners in accordance with law as if the aforementioned conditions are imposedby him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].8. Accordingly, these Criminal Original Petitions are allowed subject to theconditions stated supra. sd/- 07/04/2025 - / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TO1. THE JUDICIAL MAGISTRATE NO.IIITHOOTHUKUDI7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.6325 of 20252 . DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.3. THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT.4. THE OFFICER IN CHARGE,SUB JAIL, THOOTHUKUDI.5 THE OFFICER IN CHARGE,PEROORANI, THOOTHUKUDI6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.K.SANKAR, Advocate ( SR-3984[I] dated 07/04/2025 ) ORDER IN CRL OP(MD) No.6325 of 2025 Date :07/04/2025AS (07/04/2025) 8P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 8/8