Thanikachalam v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Thanikachalam, S/o.Manikkam,

2. Pradeep, S/o.Rajaram

...Petitioners/ Accused

Nos.1 & 2 Vs The State of Tamilnadu rep.by The Inspector of Police, Thottiyam Police Station, Tiruchirappalli District.

(Crime No.342 of 2025) .. Respondent/Complainant For Petitioners : Mr.M.Yesudasan 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.342 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1 & 2, who were arrested and remanded to 1/6

judicial custody on 07.08.2025 for the offences punishable under sections 123 of BNS r/w.6 and 24(1) of COTPA Act in Crime No.342 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.08.2025 at about 05.00p.m. the respondent police conducted surveillance, at that time, the respondent police intercepted lorry bearing registration No.TN 88 D 1652 and found that the accused persons illegally transported huge quantity i.e., 450Kgs of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioners would submit that there are totally two accused persons. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 07.08.2025 nearly 18 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that these petitioners were illegally transported 450Kgs of banned tobacco products. The respondent police seized the entire contraband and the vehicle. Accused No.1 is having two previous cases, and there is no previous case against the Accused No.2. The quantity involved in this case is huge quantity, it was valued at Rs.4,00,000/-. 2/6

Hence, he objected to grant bail to the petitioners.

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 contraband and the vehicle were seized by the respondent police, by this time most of the investigation might have been completed, the petitioners/accused Nos.1 & 2 are in judicial custody from 07.08.2025, taking into consideration of the period of incarceration, 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 separate 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 learned District Munsif cum Judicial Magistrate, Thottiyam 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 deposit a sum of Rs.30,000/- (Rupees Thiry Thousand only) each to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, without prejudice to their rights and contentions before the trial Court as Non-refundable deposit and on such deposit being made, the learned District Munsif cum Judicial Magistrate, Thottiyam, shall accept the 3/6

sureties furnished by the petitioner.

[c] The petitioners shall furnish their residential address and contact number to the learned District Munsif cum Judicial Magistrate, Thottiyam. If the petitioners changes their residential address, they shall report the same to the learned District Munsif cum Judicial Magistrate, Thottiyam.

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

[e] the petitioners 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 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]. 4/6

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 25/08/2025 / TRUE COPY / 25/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The District Munsif cum Judicial Magistrate, Thottiyam.

2. Do Through The Chief Judicial Magistrate, Tiruchirappalli District.

3. The Superintendent, Central Prison, Tiruchirappalli.

4. The Inspector of Police, Thottiyam Police Station, Tiruchirapalli District.

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

Copy To The Chief Co-Ordinator, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, 5/6

Madurai. (Soft Copy).

ORDER

IN CRL OP(MD) No.13962 of 2025 Date :25/08/2025 HPS/25.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6