Sona Ram v. State Of Tamilnadu Rep By Inspector Of Police, Gudalur North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sona Ram

2. Bijala Ram ... Petitioners/Accused 1 & 2 Vs State of Tamilnadu Rep by Inspector of Police, Gudalur North Police Station, Theni District.

(Crime No. 362 of 2025).

... Respondent/Complainant For Petitioner : Mr.P.Suresh, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 362 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 30.10.2025 for the offences punishable under Sections 271 and 132 of BNS, 2023 and Sections 6(b) and 24(1) of Cigarette And Other Tobacco Products Act, 2003, in Crime No. 362 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found to be in illegal possession of 339.681 kilograms of tobacco products. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners 2/6

are in judicial custody from 30.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioners were found to be in illegal possession of 339.681 kilograms of tobacco products. He further submitted that no previous cases are pending against the petitioners.

5. Taking into consideration of the fact that there are no previous cases pending against the petitioners and also considering the period of incarceration suffered by the petitioners, 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 a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, Theni District, and on further conditions that :- 3/6

[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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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 Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

(S S Y J) 21.11.2025 jbr TO

1. The Judicial Magistrate, Uthamapalayam, Theni District.

2. The Superintendent, District Jail, Theni.

3. The Inspector of Police, Gudalur North 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.21017 of 2025 Date : 21/11/2025 6/6