Sharbansing v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.20643 of 2025 Sharvansing ... Petitioner/ A1 Vs The State of Tamilnadu, Rep by, the Sub Inspector of Police, Illupur Police Station, Pudukottai- 622 102.

(Crime No.228 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.P.Roniga For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.228 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.10.2025 for the offences punishable under Sections 275, 123 of BNS, r/w Section 6(a), 24(1) of COTPA Act, 2003, in Crime No.228 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the petitioner was found in illegal possession of 165 kgs of 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 17.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is having no previous cases and investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of offence 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) 2/4

each with two sureties, out of which one surety should be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate, Pudukkottai, 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 shall report before the respondent daily at 10.30 a.m, until further orders; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the 3/4

S.SRIMATHY,J.

PJL Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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

19.11.2025 PJL To

1. The Judicial Magistrate, Pudukkottai.

2. The Superintendent, District Prison, Pudukkottai.

3. The Sub Inspector of Police, Illupur Police Station, Pudukottai- 622 102.

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

CRL.OP(MD) No.20643 of 2025 4/4