High Court · 2025

CRL OP(MD). No.7709 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7709 of 2025M. Jaffar Sadhik @ Jaffar Sadhick ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Dindigul Taluk Police Station,Dindigul District.(In Crime No.682 of 2024) ... Respondent/Complainant For Petitioner : Mr.A.Mohamed Riyaz, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.682/2024 on the file of the Respondent-Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 24.04.20251/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grantan order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-Police forthe alleged offences punishable under Section 123 of the Bharatiya Nyaya Sanhita(BNS), 2023 r/w Sections 6(a) and 24(1) of Cigarette and Other Tobacco ProductsAct, 2003 in Crime No.682 of 2024 on the file of the respondent-Police. 3. The case of the prosecution is that on 07.12.2024, at about 06.15 a.m., the Sub-Inspector of Police received a secret information that banned tobacco products arebeing smuggling and illegally transporting, near Kuttya Patti road, Dindigul.Immediately, at about 07.00 am., the defacto complainant, who is the Sub-Inspectorof Police, along with his police team, rushed to the spot and placed the spot undersurveillance. Then, the Police party intercepted One Tata Ace vehicle and onemotor-cycle. On seeing the Police party, A1 and A2 fled away. The respondent-Police inspected the vehicles and seized the following quantity of banned tobaccoproducts;-(i) Totally 8100 pouches of Ganesh Tobacco totally weighing 121.5 kgs worthabout Rs.64,800/-(ii). Totally, 2640 pouches of Cool Lip totally weighing 33.264 kgs worth aboutRs.68,840/-2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025(iii). Totally 1500 pouches of Hans Chapp totally weighing 30 kgs worth aboutRs.10,000/-(iv). Totally 12300 pouches of Vimal Pan Masala totally weighing 31.980 kgsworth about Rs.49,2000/-3.1. The total worth of all the contraband seized is Rs.1,92,640/-. Then, therespondent-Police seized the contraband along with the said vehicles. During thecourse of investigation, it came to light that the petitioner and other accused personswere involved in the crime. Hence, the case.4. Mr.A.Mohamed Riyaz, learned counsel appearing for the petitioner, submitsthat the petitioner has nothing to do with the alleged offences. He further submitsthat a false case has been foisted against the petitioner. He further submits that thepetitioner is ready to abide by any conditions to be imposed this Court. Therefore,he prays for granting pre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-Police, submits that the petitioner along withother accused persons have transported 215 kgs of banned tobacco products worthabout Rs.1,92,640/-. He further submits that the alleged contraband and the vehiclehave been seized by the respondent-Police. He further submits that since a largequantity of contraband is involved in this case, custodial interrogation of the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025petitioner is necessary in this case to unearth the truth. He further submits thatthere are nine previous cases pending against the petitioner. Hence, he vehementlyopposes the grant of pre-arrest bail to the petitioner.6. Heard on both sides. Perused the records.7. The petitioner and Accused Nos.2 and 3 persons had filed Crl.O.P.(MD).No.22547 of 2024 before this Court and this Court granted pre-arrest bail to AccusedNos.2 and 3 on 19.12.2024 and as regards the petitioner, the above said CriminalOriginal Petition was dismissed as withdrawn. Thereafter, the petitioner againmoved pre-arrest bail before this Court in Crl.O.P.(MD).No.3247 of 2025 and thesame was dismissed as withdrawn on 20.02.2025. 8. It is seen that the alleged occurrence took place on 07.12.2024. Till date, therespondent-Police has not taken any steps to arrest the petitioner. The conduct ofthe respondent-Police would show that custodial interrogation of the petitioner isnot required for the investigating agency. 9. The petitioner has permanent residence and deep roots in the society, hencethere is less possibility of absconding. Taking note of the fact that the prohibitedtobacco products and the alleged vehicles have been already seized by therespondent-Police, and taking note of the fact that custodial interrogation of thepetitioner is not necessary for the investigation agency, and with a view to give an4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025opportunity to the petitioner to reform himself in the society, this Court is inclinedto grant an order of pre-arrest bail to the petitioner subject to the followingconditions:(i) The petitioner shall be released on bail in the event of his arrest or in theevent of his surrender before the learned Judicial Magistrate I, Dindigul, within aperiod of fifteen days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand Only) to the satisfaction of the learned Judicial Magistrate I, Dindigul;(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 I, Dindigul, shall obtain a copy ofany one = identity proof of each surety to ensure their identity;(iii) The petitioner shall appear and sign before the respondent-Police daily at09.00 a.m., and 05.00 p.m., until further orders;(iv) The petitioner shall make himself available for interrogation by police asand when required;(v) The petitioner shall furnish her residential address and mobile number tothe learned Judicial Magistrate I, Dindigul;5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025(vi) The petitioner shall not, directly or indirectly, cause any threat to thewitnesses and shall not tamper with the evidence;(vii) 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 todissuade them from disclosing such facts to the Court or to any Police Officer;(viii) The petitioner shall not leave India without prior permission of theCourt;(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate I, Dindigul or Trial Judge as the case may be, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by them as laid down by the Hon-bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].10. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-28/04/2025/ TRUE COPY // /2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7709 of 2025TSG TO1.The Judicial Magistrate I, Dindigul.2.Do Through The Judicial Magistrate, Dindigul.3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.7709 of 2025 Date : 28/04/2025BV(27/05/2025) 7P/ 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7