Muniyasamy v. State Of Tamilnadu Rep By Inspector Of Police, Medical College

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2025 PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Muniyasamy ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by Inspector of Police, Medical College Police Station, Thanjavur District.

Crime No.535 of 2025. ... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- 1/6

For Bail in Crime no.535 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 13.11.2025 for the offences punishable under Section 24(1) of Cigarette and other Tobacco Products Act, 2003, 4(1)(B) of Tamil Nadu Prohibition (Amendment of Children) Act, 2024 and 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.535 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 40 Hans pockets and 35 coolip pockets in his shop. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any 2/6

offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 13.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is three previous cases pending against the petitioner, which are similar in nature. However, 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 3/6

Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, 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 petitioner shall appear before the learned Judicial Magistrate No.II, Thanjavur, daily at 10.00 a.m., for a period of two months.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 4/6

the petitioner 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].

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

(L V G J) 02.12.2025 APD TO

1. The Judicial Magistrate No.II, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Superintendent, Central Prison, Trichy.

4. State of Tamilnadu Rep by Inspector of Police, Medical College Police Station, Thanjavur District.

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

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L. VICTORIA GOWRI,J APD

ORDER

IN CRL OP(MD) No.22071 of 2025 Date : 02/12/2025 6/6