Abdul Ajeez v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Abdul Ajeez ... Petitioner/Accused No.2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

Crime No.89 of 2025 ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, 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.89 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 08.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/5

grant bail.

2. The petitioner/Accused No.2 was arrested and remanded to judicial custody on 02.04.2025 for the offences punishable under Section 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 20(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.89 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 02.04.2025, at about 01.30 p.m., based on the secret information, the respondent-police conducted a search near Santhaipettai to prohibit illegal transporting and selling of banned tobacco products. At that time, the respondent-Police found that Accused Nos.1 and 2 were transporting 164 packets of Hans, each containing 300 gms and 55 packets of Cool lip each containing 108 gms in an Electric Bike. On seeing the Police, Accused Nos.1 and 2 tried to escape from the spot. However, the respondent-Police surrounded the accused persons and arrested both of them. The respondent-Police thereafter seized the banned tobacco products and the Electric bike from them. Hence, the case.

4. Mr.D.Rameshkumar, 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 further submits that the petitioner has been in incarceration since 02.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Therefore, he prays for granting bail to the petitioner. 2/5

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 55 kgs of banned tobacco products. He further submits that that the petitioner is running a grocery shop. He further submits that there are four previous cases against the petitioner, which are similar in nature, and therefore, 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. In view of the offences allegedly committed by the petitioner and taking note of the fact that the banned tobacco products and the Electric Bike have been seized by the respondent-police, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigation Agency in this case. Further, the petitioner has permanent residence. Therefore, there is less possibility of absconding. Considering the same, 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.25,000/- (Rupees Twenty Five Thousand only) 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 I, 3/5

Pudukkottai;

(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 I, Pudukkottai 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 Judicial Magistrate I, Pudukkottai; (iv) The petitioner shall appear and sign before the respondent-police daily at 09.00 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 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; and (viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate I, Pudukkottai, is entitled to pass appropriate orders against the petitioner 4/5

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].

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

sd/- 15/04/2025 / TRUE COPY / 15/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

tsg TO

1. The Judicial Magistrate I, Pudukkottai.

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

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

4. The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

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

ORDER

IN CRL OP(MD) No.6725 of 2025 Date :15/04/2025 NBF/SAR/ (15/04/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5