Judgment · High Court

CRL OP (MD)No.6620 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 09/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD)No.6620 of 2025Chetankumar ... Petitioner/A2 VsThe State of Tamil NaduRep by. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District. Crime No.119 of 2025. ... Respondent/Complainant For Petitioner : Mr.B.Anandan Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.119 of 2025 on the file of theRespondent-Police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 07.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.1/6 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.6620 of 20252. The petitioner/Accused No.2 was arrested and remanded to judicial custodyon 17.03.2025 for the offences punishable under Sections 275 and 123 of BharatiyaNyaya Sanhita (BNS), 2023 r/w Section 24(1) of the Cigarettes and Other TobaccoProducts (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 in Crime No.119 of 2025, on the file ofthe respondent-police.3. The case of the prosecution is that, based on secret information, on 17.03.2025,at about 09:00 a.m., while the respondent-police were conducting surveillance nearSollaiappan Street, Padithurai River Bank, they found that the petitioner (A2) andother accused were in joint possession of 104 kgs. of banned tobacco products in twotwo-wheelers bearing Registration Nos.TN-68-A-1762 and TN-68-L-5170. The policearrested A1 and the petitioner (A2) and seized banned tobacco products and two-wheelers from them. Hence, the case.4. Mr.B.Anandan, learned counsel appearing for the petitioner, submits that thepetitioner has nothing to do with the alleged offence and that a false case has beenfoisted against the petitioner. He however submits that the petitioner is ready toabide by any conditions that may be imposed by this Court. He further submits thatthe petitioner has been in incarceration since 17.03.2025. Therefore, he prays forgranting bail to the petitioner.2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.6620 of 20255. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioner and otheraccused were found in possession of 104 kgs of banned tobacco products. He furthersubmits that there are no previous cases pending against the petitioner. He howeversubmits that if bail is granted to the petitioner, he will commit similar offence andendanger the health of the general public. Therefore, he vehemently opposes to grantbail to the petitioner.6. Heard on both sides. This Court has perused the records.7. In view of the offences allegedly committed by the petitioner and the fact thatalleged tobacco products and the two-wheelers have been seized by the respondent-police, this Court is of the opinion that further custody of the petitioner is notnecessary for the Investigation Agency in this case. Further, the petitioner haspermanent residence and deep roots in the society. Therefore, there is less possibilityof absconding. Considering the same, and also considering the period ofincarceration, and taking note of the fact that petitioner has no previous case, andwith a view to give an opportunity to the petitioner to reform himself, this Court isinclined to grant an order of bail to the petitioner, however, subject to the followingconditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.6620 of 2025only) 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,Kumbakonam;(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, Kumbakonam, shall obtain acopy of any 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, Kumbakonam;(iv) The petitioner shall appear and sign before the learned Judicial MagistrateNo.I, Kumbakonam, on all hearing days, at 10.30 a.m., until further orders;(v) The petitioner shall deposit a sum of Rs.15,000/-(Rupees Fifteen Thousandonly) to the credit of the Head Master, Government Higher Secondary School, Sathirakudi, Ramnad District (A/c No.11555089384, IFSC Code: SBIN0002268) as adonation, without prejudice to his rights and contentions before the Trial Court, andproduce the receipt/acknowledgment before the concerned Judicial Magistrate whileexecuting sureties;(vi) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.6620 of 2025(vii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(viii) 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 himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence; and (ix) On breach of any of the aforementioned conditions, learned JudicialMagistrate No.I, Kumbakonam, 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/- 09/04/2025 / TRUE COPY / 09/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. VSGTO1 THE JUDICIAL MAGISTRATE NO.I,KUMBAKONAM.5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.6620 of 20252 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.3 THE OFFICER INCHARGE,SUB JAIL, KUMBAKONAM.4 THE INSPECTOR OF POLICE,KUMBAKONAM EAST POLICE STATION,THANJAVUR DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, SATHIRAKUDI, RAMNAD DISTRICT.+1 CC to M/s.B.ANANDAN, Advocate ( SR-4156[I] dated 09/04/2025 ) ORDER IN CRL OP(MD) No.6620 of 2025 Date :09/04/2025SA/SAR. /09.04.2025/6P/8CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6