Meera Maydeen @ Meera Maideen v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Meera Maydeen @ Meera Maideen S/o.Abdul Salam, No.6 11 - ward, Karnan Street, C.Pudupatti, Uthamapalayma Taluk, Theni District.

... Petitioner/ Accused Vs The State of Tamil Nadu, Rep.By, the Sub-Inspector of Police, Cumbum North Police Station, Theni District.

(Crime No.109 of 2025).

... Respondent/Complainant For Petitioner : M/s.P.Jeyasankar, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.109 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner / Accused, who was arrested and remanded to judicial custody on 12.05.2025 for the offences punishable under Sections 6(b), 24(1) Cigarette and Other Tobacco Products Act, 2003 read with Sections 275 and 123 of BNS, 2023 in Crime No.109 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.05.2025, on secret information, when the respondent police searched the petitioner's vehicle bearing registration NO.TN 60 AX 4204, the accused was found to be in illegal possession of 400 grams of Ganesh 55 Tobacco Pockets and thereafter, they searched the petitioner's house and found that the petitioner has illegally kept 16 bags containing 55 Ganesh Tobacco Pockets and banned tobacco products for selling. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 12.05.2025 Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner has illegally possessed 400 grams of Ganesh 55 Tobacco Pockets and in his house, he illegally kept 16 bags containing 55 Ganesh Tobacco Pockets and banned tobacco products for selling. He would further submit that there are two previous case pending against the petitioner, which are civil in nature. Hence, he objected to 2/5

grant bail to the petitioner. However, he fairly concedes that the property has been recovered.

5. Per contra, the learned counsel for the petitioner would submit that the previous cases have already been disposed of and no case is pending against the petitioner.

6. Taking into consideration the facts and circumstances of the case and also taking into consideration of the period of incarceration and considering the fact that most of the investigation might have been completed, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his 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 learned Judicial Magistrate, Uthamapalayam and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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.25,000/- (Rupees Twenty Five thousand only) to the credit of Current Account No. 7567821433, (IFSC Code: IDIBI000H040), in the Indian Bank, High Court Branch, Madurai 3/5

Bench of Madras High Court, Madurai, towards Kalaignar Centenary Library and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or 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/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mac TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, THENI.

4 THE SUB INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

5 THE OFFICER INCHARGE , KALAIGNAR CENTENARY LIBRARY, MADURAI.

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

ORDER

IN CRL OP(MD) No.9082 of 2025 Date :02/06/2025 NBF/02.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5