A. Anantha Selvan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL A.Anantha Selvan ... Petitioner/Accused No.3 Vs The Inspector of Police, Kadayam Police Station, Tenkasi District.

Crime No.25 of 2025 ... Respondent/Complainant For Petitioner :

Mr.S.Sudalaimani For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.25 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 14.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/Accused No.3 was arrested and remanded to judicial custody 1/5

on 08.03.2025 for the alleged offences punishable under Section 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, in Crime No.25 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 20.01.2025, at about 09:00 a.m., based on secret information, the respondent-police conducted a raid at Velsamy Petty Shop. During the raid, they found that A1 was in illegal possession of 5.9 kgs of banned tobacco products, which were meant for sale. Further, A1 confessed that he had purchased the tobacco products from A2. On investigation, the petitioner has been arrayed as A3. Hence the case.

4. Mr.S.Sudalaimani, the learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any condition that may be imposed by this Court. He further submits that the petitioner has been in judicial custody since 08.03.2025. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that the petitioner has five previous cases, which are similar in nature, and therefore, if the petitioner is granted bail, he will commit similar offenses and endanger public safety. Therefore, he prays to 2/5

dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The respondent-police recovered the contraband only from the petty shop of A1. The petitioner has been arrayed as A3 in this case based on the confession of the co-accused person. The petitioner was arrested on 08.03.2025 and is still in judicial custody. It is stated that the petitioner has five previous cases, which are similar in nature. However, considering the fact that the petitioner has been arrayed as an accused in this case only based on the confession of the co-accused person and the quantity of contraband involved in this case, and taking into account the period of incarceration, and with a view to give one more opportunity to the petitioner to reform, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Tenkasi; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Tenkasi shall obtain a copy of any 3/5

one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Tenkasi;

(iv) The petitioner shall appear and sign before the respondent-Police daily at 10.00 a.m., until further orders;

(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;

(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(viii) The petitioner shall not directly or indirectly cause any threat to the witnesses and the general public; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Tenkasi is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 4/5

283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 18/03/2025 / TRUE COPY / 19/03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TENKASI DISTRICT.

4 THE OFFICER INCHARGE, SUB PRISON, TENKASI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SUDALAIMANI, Advocate ( SR-3044[I] dated 18/03/2025 )

ORDER

IN CRL OP(MD) No.4946 of 2025 Date :18/03/2025 RS/IT/SAR-(19.03.2025) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5