Muhammed Safeel v. State Of Tamilnadu Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Muhammed Safeel
...Petitioner/Accused 2
Vs.
State rep by The Inspector of Police, Anamalai Police Station, Coimbatore District.
(Crime No.122 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.122 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.03.2025, seeking bail in Crime No.122 of 2025 registered for the offence under Section 24(1) of COTPA, 2003 and Section 123 of BNS, 2023.
2.It is the case of the prosecution that while the respondent and their officials conducted routine vehicle checkup, the petitioner along with the other accused was found in possession of 1208 kgs of banned tobacco products in a vehicle bearing Registration No.TN-92-H-2677. Hence, the case.
3.The learned counsel for the petitioner would submit that the allegations are false; that the contraband has been seized; that the petitioner has no bad antecedents and the petitioner is in custody from 11.03.2025 and that in any case, his further custody is not required for the purpose of Page No.2 of 6
investigation and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband has been seized and that the petitioner has no bad antecedents.
5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration, the fact that the contraband was seized, the fact that the petitioner has no bad antecedents and since further custody of the petitioner is not required, 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.I, Pollachi, and on further conditions that: Page No.3 of 6
[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; [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.
Page No.4 of 6
24.03.2025 ata Copy to:
1.The Inspector of Police, Anamalai Police Station, Coimbatore District.
2.The Judicial Magistrate No.I, Pollachi.
3.Sub Jail, Pollachi.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata 24.03.2025 Page No.6 of 6