Vairamuthu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Vairamuthu, S/o.Karuppaiah, ..Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Puliyarai Police Station, Tenkasi District.
(Crime No.211 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Chokkusamy, 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.211 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A1, who was arrested and remanded to judicial custody on 1/6
20.06.2025 for the offences punishable under Sections 123 BNS Section 24(1) of CAOPTA Act and Section 20(b)(ii)(B) NDPS Act, in Crime No.211 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 20.06.2025 at about 08.30 am, when the respondent Police was in routine patrol, wherein they found that the petitioner was in possession of 500 gms of Kanja from his two wheeler petrol tank and 701 pockets of Ganesh Tobacco in a Car driven by the second accused. Hence, the present complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that 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 20.06.2025 nearly 25 days. He would also submit that a surgery has been done to the petitioner and he is under treatment and he has also produced the medical certificate. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that on 2/6
20.06.2025 at about 08.30 am, when the respondent Police was in routine patrol, wherein they found that the petitioner was in possession of 500 gms of Kanja from his two wheeler petrol tank and 701 pockets of Ganesh Tobacco in a Car driven by the second accused. He would further submit that the entire property has been recovered and the vehicles involved in this case were also recovered. He would further submit that the investigation is in progress. However, he opposed to grant bail.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire properties were recovered by the respondent police, the petitioner/accused is in judicial custody from 20.06.2025, taking into consideration of the period of incarceration and also considering the ailments suffered by the petitioner, this court is inclined to grant bail to the petitioners 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 Judicial Magistrate, Shencottai 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.
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[b] the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty 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 deposit and on such deposit being made, the learned Judicial Magistrate, Shencottai, shall accept the sureties furnished by the petitioners. [c] The petitioner shall furnish their residential address and contact number to the learned Judicial Magistrate, Shencottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Shencottai ; [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 petitioners 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/- 15/07/2025 / TRUE COPY / 16/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.
3 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, PULIAYARAI POLICE STATION, TENKASI DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. M. CHOKKUSAMY Advocate SR.No.7622 (I) DT.15/07/2025
ORDER
IN CRL OP(MD) No.11916 of 2025 Date :15/07/2025 NM/16.07.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6