Sahul Hameed v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Sahul Hameed, S/o.Abdulhameed, 45, Rahamath Nagar, Inamkulathur, Trichy District.

..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Inamkulathur Police Station, Trichy District.

(Crime No.99 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu 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.99 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 26.05.2025 for the offences punishable under Sections 275 & 123 of BNS, Sections 6(b) r/w.24(1) of COTPA Act, 2023 and Section 77 of JJ Act in Crime No.99 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.05.2025, when the respondent police was on regular patrolling duty they found that the petitioner sold the banned tobacco products in the school area. The respondent police seized the banned tobacco products. 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 26.05.2025 nearly 15 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that on 26.05.2025, the respondent police on regular patrolling duty they found that the 2/6

petitioner was in illegal possession of banned tobacco products. The respondent police recovered the contraband from the petitioner. Huge amount of banned tobacco products were recovered from the petitioner and it was worth about Rs.8060/-. This petitioner is having three previous cases, all are similar in nature. 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 the contraband were seized by the respondent police, petitioner/accused remanded into judicial custody on 26.05.2025, 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 the Judicial Magistrate No.V, Trichy 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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand 3/6

only) before the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.V, Trichy shall accept the sureties furnished by the petitioner.

[c] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.V, Trichy. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.V, Trichy; [d] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30p.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/- 10/06/2025 / TRUE COPY / 10/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE, NO.V, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE OFFICER IN CARGE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE INSPECTOR OF POLICE, INAMKULATHUR POLICE STATION, TRICHY DISTRICT.

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

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ORDER

IN CRL OP(MD) No.9682 of 2025 Date :10/06/2025 PR/10.06 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6