Irudhaya Dinesh Kumar v. State Rep By The Inspector Of Police

M.NIRMAL KUMAR, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2.The learned counsel appearing for the petitioner would submit that this Court, by an order dated 01.08.2025, has granted bail to the petitioner in Crl.O.P.No.21640 of 2025. However in the order copy, the account number has been mentioned as "436602010009451" instead of "436802010009451" and the same requires to be rectified. Hence, he prayed for suitable directions.

3. Registry is directed to carry out the necessary correction and issue order copy afresh. Further, two weeks time is granted to the petitioner to comply with the conditions.

06.08.2025 ep Note: Issue order copy on 06.08.2025

M.NIRMAL KUMAR,J.

ep 06.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Irudhaya Dinesh Kumar .. Petitioner Vs.

State rep. by The Inspector of Police, Mangalam Police Station, Tiruppur City, Tiruppur District, Crime No.291 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.291 of 2025 on the file of the respondent police. For Petitioner : Mr. M.Vignesh For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 11.07.2025, for the offence punishable under Section 123, 274, 275-BNS (328, 272, 273 of IPC), and Section 7(1), 20(2)-COTPA 2003, Section 59 Food Safety Act 2006 in Crime No.291 of 2025 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 88 kgs of prohibited tobacco products worth Rs.67,000/-. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 11.07.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 11.07.2025. He also submitted that one previous case is pending against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner, 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/her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate-IV, Tiruppur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 am., for a period of three weeks and thereafter as and when required for interrogation.

[c] The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty five thousand only) (Non refundable) towards the account of "Institute of Mental Health Medavakkam Tank Road, Kilpauk, Chennai in Account No.436602010009451, Union Bank of India, High Road Purasawakkam Branch IFSC COde : UBIN0543683 and to produce the Bank Challan before the Judicial Magistrate No.IV,

Tiruppur and the receipt shall be produced at the time of executing the bond.

[d] The petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, she shall comply to the directions as may be given by the Court in this regard;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.08.2025

Shl Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.IV, Tiruppur

2. The Inspector of Police, Mangalam Police Station, Tiruppur City, Tiruppur District,

3. The Superintendent, Sub Jail, Tiruppur.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

Shl

01.08.2025