Sudalaimuthu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL OP(MD)No.23931 of 2025 Sudalaimuthu ... Petitioner /Sole Accused Vs State of Tamil nadu, rep., by the Inspector of Police, Srivaikundam Police Station, Thoothukudi District.
... Respondent Crime No.555 of 2025 For Petitioner : Mr.M.Murugesan For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.555 of 2025 on the file of the respondent police.
1/6
ORDER: The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.12.2025 for the offences punishable under Sections 123 of BNS 2023 and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.555 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that based on the secret information, on 12.12.2025 at about 10.45 am., when the defacto complainant i.e., Sub-Inspector of Police attached to the respondent police station, and his team were doing routine ride near Old Taluk Office, Srivaikundam, the accused person was found to be in possession of 26 pockets of Ganesh tobacco products in his grocery 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 offences as alleged by the prosecution. He further submitted that the petitioner is ready to abide any condition to be imposed by this Court. Hence, he seeks bail to the petitioner.
2/6
4.The learned Additional Public Prosecutor submitted that there was no previous case against the petitioner.
5.Considering the nature of the allegation levelled 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 on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Srivaikundam, Thoothukudi District, 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Srivaikundam, Thoothukudi District.
3/6
[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No. 1, Srivaikundam, Thoothukudi District.
[d] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(M J R J) 26.12.2025 Rmk/vsg 4/6
To
1. The Judicial Magistrate No.1, Srivaikundam, Thoothukudi District.
2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
M.JOTHIRAMAN ,J.
Rmk/vsg 26.12.2025 6/6