Murugan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27889 of 2025 Murugan ... Petitioner Vs The State rep. by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.
(Crime No.480 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge him on bail in Crime No.480 of 2025 pending investigation on the file of the respondent police.
For Petitioner :
Mr.A.Balamurugan For Respondent :
Mr. A. Gopinath Government Advocate (Crl. Side) *******
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 20.08.2025, for the offences punishable under Section 123 of BNS and Section 24(1) of The Cigarette and other Tobacco Products Act, 2003, in Crime No.480 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that the petitioner was found in 1/5
possession of prohibited tobacco items namely Hans-1950, VIMAL-450 and VI-450 weighing 40 kgs inside the car. Hence, the present case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case. He further submitted that two previous cases are pending against him.
5.
Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, 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 executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Thirukoilur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 2/5
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 everyday at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.10.2025 nvi 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 3/5
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, Thirukoilur.
2. The Inspector of Police, Thirukoilur Police Station, Kallakurichi District
3. The Sub Jail, Sandaipet, Thirukoilur.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR,J., nvi 4/5
Crl.O.P. No.27889 of 2025 13.10.2025 5/5