Selvakumar v. The State Of Tamilnadu, Rep. By Its The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Selvakumar S/o.Pandi ..Petitioner/ Accused No.3 Vs The State of Tamilnadu rep.by its The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.143 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Praveenkumar Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.143 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.08.2025 for the offences punishable under Sections 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003 r/w Section 275 and 123 the Bharathiya Nyaya Sanhita (BNS) 2023, in Crime No.143 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the respondent police have intercepted car bearing Registration No.TN-57-BY-4098. The vehicle was driven by Accused No.1. During the check up, it was found 240 pockets of Ganesh Tobacco and 171 pockets of Cool Lip, 104 pockets of Vimala Pan Masala and a sum of Rs.1,49,000/-. The respondent police recorded their confession and based on the confession, the petitioner has been arrived as an accused. Since the respondent police arrested the petitioner and conduct search during the checkup it was found 300 pockets of Ganesh Tobacco, 161 pockets of Cool lip and a sum of Rs.3,500/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is a daily worker and the entire family members were solely depend on the income of the petitioner. The petitioner is not at all involved in this case. The petitioner is having 2/6

permanent resident of Theni District. He would further submit that the petitioner is in custody from 10.08.2025. Hence, he seeks bail. 4.The learned Additional Public Prosecutor submitted that the respondent police recorded their confession and based on the confession, the petitioner has been arrived as an accused. Since the respondent police arrested the petitioner and conduct search during the checkup it was found 300 pockets of Ganesh Tobacco, 161 pockets of Cool lip and a sum of Rs.3,500/-. There is no previous case against this petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and there is no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioner, 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 in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Andipatti, Theni District, and 3/6

on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in South Indian Bank Limited, Sakkimangalam Branch, Account No.0733053000000794 IFSC No.SIBL0000733, MICR Code: 625059008, without prejudice to his contentions and rights before the trial Court, for purchasing 30 sets of Bench Desk for the Tribal students under "Namakku Naame" Scheme and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. [c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]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 4/6

law as if the conditions have been imposed and the petitioner is 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 03/09/2025 / TRUE COPY / 03/09/2025 Sub-Assistant Registrar (CS-II) Madurai Bench of Madras High Court, Madurai - 625 023.

RJR TO 1.

The Judicial Magistrate, Aundipatti.

2. Do Through the Chief Judicial Magistrate, Theni District.

3.

The Officer Incharge, District Prison, Theni.

4.

The Inspector of Police, Gandamanur Police Station, Theni District.

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

Copy to The Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai

ORDER

IN CRL OP(MD) No.14521 of 2025 Date :03/09/2025 AS/03.09.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6