Ayyappan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2025 PRESENT THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Ayyappan ... Petitioner/Sole Accused Vs.
The State of Tamilnadu Rep. by the Inspector of Police, Vattathikottai Police Station, Thanjavur District.
(Crime No. 73 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Balasubramanian, 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.73 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 22.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6
grant bail.
2. The petitioner/Sole Accused was arrested and remanded to judicial custody on 28.03.2025 for the offences punishable under Sections 275 and 123 of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 7(1) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 in Crime No.73 of 2025, on the file of the respondent-police.
3. The case of the prosecution is that, on 28.03.2025, at about 11:00 a.m., while the respondent-police were conducting surveillance near Idayathi, they received information that an unknown person was selling banned Hans tobacco products from a white bag to youngsters at a high price, at a cattle shed in Manthikon Hostel, Idayathi. Thereafter, the respondent-police reached the spot and found that the petitioner was in possession of 7.640 kilograms of banned tobacco products, namely Hans (20 bundles), intended for sale to the public. Hence, the case.
4. Mr.N.Balasubramanian, 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 the petitioner is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner has been in incarceration since 28.03.2025. Therefore, he prays for 2/6
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 7.640 kgs of banned tobacco products in a white sack. He further submits that the petitioner has two previous cases, which were disposed of. He further submits that if bail is granted to the petitioner, he will 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 and perused the records.
7. The petitioner was arrested on 28.03.2025 and has been in judicial custody since then. In view of the offences allegedly committed by the petitioner and taking note of the fact that the banned tobacco products have been seized by the respondentpolice, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigating Agency in this case. Further, the petitioner has permanent residence and deep roots in the society. 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 petitioner to reform himself, this Court is inclined to grant an order of bail to the petitioner, however, subject to the following conditions:
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(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, Pattukkottai, Thanjavur District;
(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, Pattukkottai, Thanjavur District, 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, Pattukkottai, Thanjavur District; (iv) The petitioner shall appear and sign before the respondent-police daily 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 4/6
evidence; and (viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Pattukkottai, Thanjavur District, 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].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 24/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSG TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, SUB-JAIL, THANJAVUR.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7528 of 2025 Date :24/04/2025 SA/SAR. /25.04.2025/6P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6