Chinnaiya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Chinnaiya, S/o.Ponnan, No.1/6, Manakkadu, Nelliyadikadu, Thanjavur District.

... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Peravurani Police Station, Thanjavur District.

Crime No.29 of 2025 ... Respondent/Complainant For Petitioner : D.R.Murugesan, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Crime No.29 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 26.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/Accused No.1 was arrested and remanded to judicial custody on 22.01.2025 for the offences punishable under Sections 275 and 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w Sections 7(1) and 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.29 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 22.01.2025, based on the secret information, the respondent-police conducted a search and found that the petitioner was in possession of 66.540 kgs of banned tobacco products, worth about Rs.43,376/- in his petty shop for illegal sale. Hence, the case.

4. Mr.D.R.Murugesan, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence and that a false case has been foisted against the petitioner. He however submits that he is ready to abide 2/5

by any conditions that may be imposed by this Court. He further submits that the petitioner has been in incarceration since 22.01.2025. Therefore, he prays for granting bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner was found in possession of a large quantity of 66.540 kgs of banned tobacco products. He further submits that that there are two previous cases against the petitioner. He further submits that if bail is granted to the petitioner, he may commit similar offence and endanger the health of the general public. Therefore, he vehemently opposes to grant bail to the petitioner.

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

7. The petitioner has permanent residence. Therefore, there is less possibility of absconding. Considering the same, and taking note of the fact that the banned tobacco products has been seized by the respondent-police, and also taking note of the age of the petitioner and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of bail to the petitioner, however, 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 District Munsif cum Judicial 3/5

Magistrate, Peravurani;

(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 District Munsif cum Judicial Magistrate, Peravurani shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Peravurani; (iv) The petitioner shall appear and sign before the learned District Munsif cum Judicial Magistrate, Peravurani weekly twice (i.e., on Monday and Friday) at 10.30 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 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 defacto complainant and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned District Munsif cum Judicial Magistrate, Peravurani, 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 283].

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

sd/- 28/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO

1. The District Munsif cum Judicial Magistrate, Peravurani.

2. Do-Through The Chief Judicial Magistrate, Thanjore District at Kumbakonam.

3. The Officer-in-Charge, District Prison, Pudukkottai.

4. The Inspector of Police, Peravurani Police Station, Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5863 of 2025 Date :28/03/2025 MK/SAR /28.03.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5