Karguvel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Karguvel, S/o.Ayushraman,

...Petitioner/ Accused No.6

Vs The State of Tamilnadu rep.by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.159 of 2025) .. Respondent/Complainant For Petitioner : Mr.T.Nithes for M/s.K.P.S.Law Associate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.159 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial custody on 18.06.2025 for the offences punishable under Sections 123 of BNS r/w.6, 1/6

24(1) of COPTA Act, 2003 in Crime No.159 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.06.2025 at about 05.30a.m., when the respondent police was on regular patrolling duty, they found that the petitioner along with other accused persons were in illegal possession of banned tobacco products. The total value of the tobacco products is 91 Kilograms and 71 grams. The properties are worth about Rs.54,000/-. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally nine accused persons were involved in this case, this petitioner was arrayed as sixth accused. 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 18.06.2025 nearly 21 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that at the time patrolling duty the respondent police intercepted the accused persons and found that the accused persons were in illegal possession of banned tobacco products. The accused No.5 was already enlarged on bail by this Court. There is no previous case against this petitioner. Hence, he objected to grant bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the alleged properties have already been recovered, the Accused No.5 already enlarged on bail, the petitioner/accused No.6 is in judicial custody from 18.06.2025, 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 learned District Munsif cum Judicial Magistrate, Thiruchuli 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.30,000/- (Rupees Thirty Thousand only) to the credit of the Environmental committee operated by Registrar (Judicial), Indian Bank, Account No.7633863037, MICR Code: 625019020, CIF No.30602376727, IFSC Code: IDIBH040, High Court Branch, Madurai, without prejudice to his rights and contentions before the trial Court as Non-refundable 3/6

deposit and on such deposit being made, the learned District Munsif cum Judicial Magistrate, Thiruchuli, shall accept the sureties furnished by the petitioner. [c] The petitioner shall furnish his residential address and contact number to the learned District Munsif cum Judicial Magistrate, Thiruchuli. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Thiruchuli;

[d] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m., and 05.00p.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/- 09/07/2025 / TRUE COPY / /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, THIRUCHULI 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE ENVIRONMENTAL COMMITTEE , THE REGISTRAR JUDICIAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

copy to THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11576 of 2025 Date :09/07/2025 NM/09.07.2025/ 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6