Naveenkumar v. The State Of Tamilnadu, Rep. By The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Naveenkumar, S/o.Aswathanarayanappa, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Viralimalai Police Station, Pudukottai District.
(Crime No.248 of 2025) .. Respondent/Complainant For Petitioner : Mr.G.Ravisankar 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.248 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 275, 123 of BNS and 1/6
Sections 6(a), 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.248 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the respondent was on patrol duty near Trichy to Madurai National Highways, at that time, the petitioner vehicle bearing registration No.KA 03 D 3159 was intercepted by the respondent police and they made search in the said vehicle, at that time they found that this petitioner was illegally transpoted 507Kgs of banned tobacco products. Hence, the case.
3. The learned counsel for the petitioner would submit that there are totally two accused persons, this petitioner was arrayed as Accused No.1. This 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 01.07.2025, nearly 30 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that this petitioner illegally transported 507Kgs of banned tobacco products in the vehicle bearing registration No.KA 03 D 3159, the accused persons created separate cabin in the said vehicle and hide the entire tobacco products and the accused persons also 2/6
using fake number plates in their vehicle. In this case, A2 absconded. The entire properties were recovered by the respondent police. The first and second accused persons are belonged to Karnataka. There iss no previous case against this petitioner. However, 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 in this case, the entire properties were recovered by the respondent police, FIR was registered on 01.07.2025, by this time, material part of investigation might have been completed, the petitioner/accused No.1 is in judicial custody from 01.07.2025, 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 local sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Viralimalai, 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.
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[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 deposit and on such deposit being made, the learned Judicial Magistrate, Viralimalai, Pudukottai District, shall accept the sureties furnished by the petitioner. [c] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Viralimalai, Pudukottai District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Viralimalai, Pudukottai District; [d] the petitioner shall appear and sign before the respondent police daily twice at 10.30a.m., and 05.30p.m. until further orders. [e] the petitioner shall not abscond either during investigation or trial. 4/6
[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/- 31/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 THE JUDICIAL MAGISTRATE VIRALIMALAI, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
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3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI DISTRICT.
4 THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKOTTAI DISTRICT.
5 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.12280 of 2025 Date :31/07/2025 AS/31.07.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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