Vaitheeshwaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. VAITHEESHWARAN S/o. Ramu, Thiyathur, Avudaiyarkovil Taluk, Pudhukottai, Now residing at Near Sivan Kovil, Gounder Thottam, Kaniyampoondi, Thiruppur.

Petitioner(s) Vs

1. The Inspector of Police Nallur Police station, Tiruppur City, Tiruppur District. Crime No.490 of 2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No.490 of 2025 pending investigation on the file of the respondent police.

For Petitioner(s):

C.S. Saravanan M. Hemnath Kumar T. Sudhan Raj Amala Ananthi M. Vignesh For Respondent(s):

Mr.A. Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner seeking bail for the offence U/s.123 and 286 of BNS Act in Crime No.490/2025 of the respondent police.

2. The case of the prosecution is that that on the alleged date of occurrence the respondent police found the petitioner with the possession of 134 kgs of banned tobacco products on same day he was arrested and remanded to judicial custody.

3. The learned Counsel appearing for the petitioner would contend that the petitioner is innocent and has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate raised objection to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering period of incarceration undergone by the petitioner and the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner with conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate No.IV, Tiruppur, 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;

(b) the petitioner shall report before the respondent police on every Sunday at 10.30 a.m. for the period of three months. Further, the petitioner shall deposit a sum of Rs.20,000/- to the credit of registered Advocate Clerks Welfare Association, Tiruppur.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl To 1.The Judicial Magistrate No. IV, Tiruppur.

2.The Inspector of Police, Nallur Police Station, Tiruppur.

3. The Superintendent of Prison, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court, Madras 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.

T.V.THAMILSELVI J.

CRL OP No. 24898 of 11-09-2025