Mohamed Abdulla v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mohamed Abdulla, S/o.Nainamohamed, No.298/1, Muslim Street, Thippanviduhuthi, Vengarai, Orathanadu Taluk, Thanjavur District.

..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(Crime No.292 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Rameshkumar 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.292 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 03.05.2025 for the offences punishable under Sections 24(1) of Cigarette and other Tobacco Act, 2003 and Section 747 of Juvenile Justice Act, 2015 in Crime No.292 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.05.2025, the respondent police had conducted routine surveillance, at that time, the petitioner had illegally transported 156Kgs of banned tobacco products by using Honda city Car bearing registration No. TN 45 E 7722. Hence, the case.

3. The learned counsel for the petitioner would submit that 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 that may be imposed by this Court. He would further submit that the petitioner is in custody from 03.05.2025 nearly 35 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner was illegally transported 156Kgs of banned tobacco products worth about Rs.1,50,000/-. The respondent police was recovered the entire contraband. This petitioner is having one previous case, which is similar in nature. 2/6

Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, entire contraband were seized by the respondent police, the petitioner/accused remanded into judicial custody on 03.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, 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 Judicial Magistrate No.I, Pattukottai, Thanjavur District 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.50,000/- (Rupees Fifty Thousand only) to the credit of Current Account No. 7567821433, (IFSC Code: IDIBI000H040), in the Indian Bank, High Court Branch, Madurai Bench of Madras High Court, Madurai, towards Kalaignar Centenary Library and on such deposit being made, the learned Judicial Magistrate No.I, Pattukottai, Thanjavur District shall accept the sureties furnished by the petitioner; 3/6

[c] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.I, Pattukottai, Thanjavur. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.I, Pattukottai, Thanjavur;

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

[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness 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 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]. 4/6

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE JUDICIAL MAGISTRATE NO.I, PATTUKOTTAI, THANJAVUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, PATTUKOTTAI, THANJAVUR DISTRICT.

4. The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

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

COPY TO:

1 THE SECTION OFFICER, ACCOUNT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.

ORDER

IN CRL OP(MD) No.9559 of 2025 Date :11/06/2025 MK/11.06.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6