Ilayaraja v. State Of Tamilnadu Rep By Inspector Of Police, Ariyamangalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ilayaraja, S/o.Muthukaruppan .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ariyamangalam Police Station, Trichy City.

(Crime No.66 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Jameelarasu Advocate For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.66 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 of BNS and Section 24(i) of Cigarette and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice Act in Crime No.66 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 08.03.2025, at about 12.00a.m., when the respondent police conducted routine vehicle check up, at that time, a vehicle bearing registration No. TN 11 AC 2300, was intercepted and while searching the said vehicle, it was found that 1800 numbers of banned tobacco products were illegally transported by the accused persons. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally two accused, the petitioner was arrayed as A2. The first accused already arrested and remanded into judicial custody. The respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. 2/6

Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that on 08.03.2025, the accused persons were illegally transported 1800 numbers of banned tobacco products worth about Rs.1,62,000/-. The contraband was seized by the respondent police. The first accused was detained under Tamilnadu Act 14 of 1982 and he is in judicial custody. There is one previous case is pending against the petitioner, which is similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the first accused was detained under Tamilnadu Act 14 of 1982, in this case, the case was registered on 08.03.2025, by this time, the investigation might have been completed, property was recovered by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.VI, 3/6

Trichy on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.VI, Trichy and on further conditions that:

(a) the petitioner and 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.30,000/- (Rupees Thirty Thousand only) to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High court, Madurai without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond;

(c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court No.VI, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.VI, Trichy;

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(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN 5/6

TO 1.THE JUDICIAL MAGISTRATE COURT NO.VI, TRICHY. 2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY CITY.

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

COPY TO THE CHIEF CO ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI(SOFT COPY) +1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-6491[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.9510 of 2025 Date :18/06/2025 PR/01.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6