Muniyaappan v. The State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Muniyappan
...Petitioner/Accused
Vs.
State through The Inspector of Police, Mathigiri Police Station, Krishnagiri.
(Crime No.150 of 2022) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.150 of 2022 pending investigation on the file of the respondent police. For Petitioner :
Mr.B.Ramesh Babu For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 02.02.2025, seeking bail Page No.1 of 6
in Crime No.150 of 2022 registered for the offence under Sections 328 of IPC and Sections 7 and 201 of COTPA.
2.It is the case of the prosecution that the petitioner along with the other accused was found to be in illegal possession of 9.092 kgs of banned tobacco products worth about Rs.52,03,978/- in a vehicle bearing Registration No.TN-22-DH-1792. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he is the owner of the vehicle and that no contraband was seized from the petitioner and only based on the confession statement of co-accused, the petitioner has been implicated in this case and that there is no previous case pending against the petitioner and the contraband was already seized and that co-accused has been granted bail and hence, further custody of the petitioner is not required. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband was seized and that no previous case is pending against the petitioner. Page No.2 of 6
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, including the counter affidavit. 6.Considering the nature of allegations and the fact that no contraband was seized from the petitioner and he is sought to be implicated on the confession of co-accused and that the co-accused has been released on bail and that no previous case is pending against the petitioner and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.
7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Hosur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; Page No.3 of 6
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
18.02.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Mathigiri Police Station, Krishnagiri.
2.The Judicial Magistrate No.II, Hosur.
3.Dharmapuri Prison.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata 18.02.2025 Page No.6 of 6