Thansir Ahamed v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. Thansir Ahamed

2. Mohamed Hakkim ... Petitioners/A1 and A3 Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, Natchiyarkoil Police Station, Thanjavur District (Crime No. 138 of 2025) ... Respondent/Complainant For petitioners :

Mr.S.Sankar, Advocate For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.138 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 petitioners on 07.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

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2. The petitioners/Accused Nos.1 and 3 were arrested and remanded to judicial custody on 25.03.2025 for the alleged offences punishable under Sections 275 and 123 of Bharatiya Nyaya Sanhita, 2023 and Sections 7(1) and 20(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.138 of 2025 on the file of the respondentpolice.

3. The case of the prosecution is that, on 25.03.2025, the petitioners herein, along with other accused, illegally transported banned tobacco products, namely, Hans (201 Kgs), Coolip (19 Kgs), Vimal (40 Kgs), and Vimal Side (10 Kgs), in a two-wheeler for sale to the general public. Hence, the case.

4. Mr.S.Sankar, learned counsel appearing for the petitioners, submits that the petitioners are innocent persons and that they have been falsely implicated in this case. He further submits that the petitioners have been in judicial custody since 25.03.2025 and are ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that there is no previous case pending against the petitioners. He further submits that the banned tobacco products along with offending vehicle have been seized by the respondent-police and that the investigation of this case is still pending, and therefore, at this stage, if bail is granted 2/5

to the petitioners, they may abscond and commit similar offence and thereby endanger the health of the public. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides and perused the records.

7. The petitioners were arrested on 25.03.2025 and have been in judicial custody since then. In view of the offences allegedly committed by the petitioners and taking note of the fact that the alleged banned tobacco products and the vehicle have been seized by the respondent-police, this Court is of the opinion that further custody of the petitioners is not necessary for the Investigation Agency in this case. Further, the petitioners have permanent residence, and therefore, there is less possibility of absconding. Considering the same and also considering the period of incarceration and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant bail to the petitioners, however, subject to certain conditions. Accordingly, bail is granted to the petitioners subject to the following conditions:

(i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam;

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(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 No.II, Kumbakonam shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Kumbakonam; (iv) The petitioners shall appear and sign before the respondent - Police, daily at 10.00 a.m. and 5.00 p.m., until further orders; (v) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;

(vi) The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (vii) The petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.II, Kumbakonam is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed 4/5

by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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

sd/- 16/04/2025 / TRUE COPY / 16/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM. 4 THE INSPECTOR OF POLICE, NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6655 of 2025 Date :16/04/2025 RS//SAR-(16.04.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5