Karuppasamy v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Karuppasamy

2. Paulraj

3. Kaliraj ... Petitioners/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Ayyapuram Police Station, Tenkasi District (Cr.No.72/2022).

... Respondent/Complainant For Petitioner :

Mr.T.Indrachithu, For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the Petitioners on Bail in Connection with a case in P.R.C.No.8/2025 on the file of Judicial Magistrate Court, Sankarankovil, Tenkasi 1/5

District and pass orders ORDER : The Court made the following order :- The petitioners/A1, A2 & A4, who were arrested and remanded to judicial custody on 26.06.2025 for the offences punishable under Sections 328 of IPC and 24

(1) of CAOTPA Act, in connection with a case in P.R.C.No.8 of 2025, on the file of Judicial Magistrate Court, Sankarankovil, Tenkasi District, in Crime No.72 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners and other accused have been found in illegal possession of Tobacco products. Hence, the present case. Due to non-appearance of the petitioners before the trial Court, an NBW was issued against them and the same was executed on 26.06.2025.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. However, the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that the petitioners undertake to appear before the trial Court in future, without fail. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that the second petitioner is having three previous cases to his credit and the third petitioner is having one previous case to his credit. Therefore, he strongly opposed to grant 2/5

bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the petitioners were remanded to judicial custody on 26.06.2025 and taking note of the undertaking given by the learned Counsel appearing for the petitioners and also considering the period of incarceration already undergone by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil, Tenkasi 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 petitioners shall furnish their residential addresses and contact numbers to the learned Judicial Magistrate, Sankarankovil, Tenkasi District. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate, Sankarankovil, Tenkasi District; 3/5

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders, expect on the date of hearing. On hearing date, the petitioners shall appear before the concerned trial Court; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 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; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

7. Accordingly, this Criminal Original Petition is allowed. sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL, TENKASI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, AYYAPURAM POLICE STATION, TENKASI DISTRICT

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

ORDER

IN CRL OP(MD) No.11657 of 2025 Date :11/07/2025 MK/11.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5