Mohamed Ali v. State Of Tamilnadu Rep By Inspector Of Police, Mimisal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Mohamed Ali ... Petitioner Vs The Inspector of Police, Mimisal Police Station, Pudhukottai District.

(In Crime No.57 of 2025) ... Respondent For Petitioner : Mr.S.Manojkumar For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.57 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 01.05.2025 for the offences punishable under Sections 6(a), 24(1) COTP Act and Section 123 BNS in Crime No.57 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 61 kgs of banned tobacco products. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 01.05.2025. Therefore, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that there is no previous case pending against the petitioner. 2/5

5.Considering the facts and circumstances of the case and also considering the period of incarceration and also considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Manamelkudi and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. b) the petitioner shall make a non refundable deposit of Rs.30,000/- (Rupees Thirty Thousand Only) to the credit of M.S.Chellamuthu Trust and Research Foundation, Current Account No.11194450660, IFSC Code No.SBIN0001479, MICR No.625002006 in the State Bank of India, Vinayaganagar Branch No.8, Dr.Ambedkar Road, Madurai - 20 and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. 3/5

c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required. d)the petitioner shall not tamper with evidence or witness. e)the petitioner shall not abscond during trial. f)on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. g)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns 4/5

TO 1.THE JUDICIAL MAGISTRATE, MANAMELKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3.THE OFFICER INCHARGE SUB JAIL, ARANTHANGI.

3.THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDHUKOTTAI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE M.S.CHELLAMUTHU TRUST AND RESEARCH FOUNDATION, MADURAI.

ORDER

IN CRL OP(MD) No.8780 of 2025 Date :21/05/2025 HPS/23.05.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5