Senthilkumar v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18714 of 2025 Senthilkumar ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.333 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Sivabalan for M/S.Aran Legal Consultanc For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.333 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.09.2025 for the offences punishable under Sections 274, 275, 123 of BNS, r/w. 6(b), 24(1) of Cigarette and Other Tobacco Products Act, 2003,, in Crime No.333 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 107.850 kilograms of banned tobacco products. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 24.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the 2/6

petitioner was in illegal possession of banned tobacco products. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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 on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Theni, and on further conditions that :- (a) the petitioner 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 is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only), to the credit of Crime No.333 of 2025 before the learned Judicial Magistrate, Theni. After receipt of entire amount, the 3/6

learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.333 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. (c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(d) the petitioner shall not tamper with 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 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]; and;

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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 27.10.2025 jbr To

1. The Judicial Magistrate, Theni.

2. The Superintendent, Sub-Jail, Periyakulam, Theni District.

3. The Inspector of Police, Allinagaram Police Station, Theni District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.18714 of 2025 Date : 27.10.2025 6/6