Hyder Ali v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Hyder Ali, S/o.Ahamed Sahidhu, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Mimisal Police Station, Pudukottai District.
(Crime No.72 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Suresh, 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.72 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 21.05.2025 for the offences punishable under Sections 123 of BNS r/w.Section 6(a), 1/5
24(1) of COTPA Act in Crime No.72 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 21.05.2025, the respondent police have conducted routine surveillance, at that time, they found that the petitioner was in illegal possession of 49Kgs of 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 and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 21.05.2025 nearly 27 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that while the police officials was on the duty of surveillance, this petitioner was in illegal possession of 49Kgs of banned tobacco products. The contraband was recovered from the accused person. This petitioner is having four previous cases, all are similar in nature. Hence, he strongly 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, the contraband was seized by the respondent police, the FIR was registered on 21.05.2025, by this time the investigation might have been completed, the petitioner/accused was arrested and remanded into 2/5
judicial custody on 21.05.2025, 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 District Munsif cum Judicial Magistrate, Manamelkudi, Pudukottai 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.10,000/- (Rupees Ten 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 District Munsif cum Judicial Magistrate, Manamelkudi, Pudukottai District. If the petitioner changes his residential address, he shall report the same to the District Munsif cum Judicial Magistrate, Manamelkudi, Pudukottai District; 3/5
[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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 17/06/2025 / TRUE COPY / 17/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MANAMELKUDI, PUDUKOTTAI DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, ARANTHANGI, PUDUKKOTTAI DISTRICT.
4 THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDUKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (FOR AMOUNT DEPOSIT) ORDER IN CRL OP(MD) No.10043 of 2025 Date :17/06/2025 SA/SAR. /17.06.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5