Prakash v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Prakash, S/o.Karunanithi, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.205 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Gurumoorthy 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.205 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 1/6

on 17.07.2025 for the offences punishable under Sections 275, 123 of BNS r/w.5, 7 (1), 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.205 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information on 24.06.2025, at about 02.30p.m, the respondent police intercepted two wheeler and made a search, at that time, they found that this petitioner illegally transported 42.500Kgs of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioner would submit that 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 17.07.2025, nearly 13 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that on the secret information, on 24.06.2025, at about 02.30p.m, the respondent police have intercepted one two wheeler and made search, at that time, the respondent police 2/6

found that this petitioner illegally transported 42.500Kgs of banned tobacco products, worth about Rs.43,000/-. The respondent police had recovered the entire property. This petitioner was arrested in another crime number Cr.No.217 of 2025 on the file of the respondent police and subsequently released on PT warrant. This petitioner is having five previous cases, all are similar in nature. Hence, 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 property has been recovered by the respondent police, FIR was registered on 24.06.2025, by this time most of the investigation might have been completed, the petitioner/accused is in judicial custody from 17.07.2025, 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 sureties, each for a like sum to the satisfaction of learned District Munsif cum Judicial Magistrate, Pappanasam and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6

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.25,000/- (Rupees Twenty Five Thousand only) to the credit of the Women Advocates' Association, Madurai Bench of Madras High Court, Madurai, Indian Bank, Account No.770357420, IFSC Code: IDIB000H040, 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 District Munsif cum Judicial Magistrate, Pappanasam, 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, Pappanasam. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Pappanasam;

[d] the petitioner shall appear and sign before the respondent police daily at 10.30a.m. until further orders.

4/6

[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/- 30/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

5/6

gvn TO

1. The District Munsif cum Judicial Magistrate, Pappanasam.

2. Do Through Chief judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Officer Incharge, Sub Jail, Pappanasam.

4. The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

5. The officer Incharge, The Women Advocates Association, Madurai Bench of Madras High court, Madurai.

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

ORDER

IN CRL OP(MD) No.12782 of 2025 Date :30/07/2025 PR/31.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6