Madras High CourtCRL OP(MD)/22182/2024allowed

Sirajudheen v. The State Of Tamilnadu

2025-01-07Honourable Mr Justice N. Anand Venkatesh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). Nos.22182, 22976 & 23026 of 2024 Sirajudheen, S/o.Moidheen Kutty, No.05, Vk Near HP Petrol Bunk, Gidadakonenahalli, Viswaneedam, Bangalore District..

... Petitioner/1st Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.790 of 2024..

... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/7

Crl.O.P.(MD).No.22976 of 2024

1. Raja Bakhrutheen, S/o.Naina Mohamed, Thoppu Viduthi, Oranipuram, Thiruvonam, Orathanadu Taluk, Thanjavur District..

2. Abdul Rahim, S/o.Abdul Latheef, Thakppil House, Kuttaloor Oorakam, Kizhumari, Malapuram District, Kerala State..

... Petitioners/Accused Nos.2 & 4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.790 of 2024..

... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor Crl.O.P.(MD).No.23026 of 2024

1. M.Abdul Vahab, S/o.Moidheenkutty, Alashery House, Omacha Puzha (Po) Malappuram, Kerala..

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2. M.Rasheed, S/o.Moideen, Kunari House Ozhur, Omacha Puzha (Po) Malappuram, Kerala..

3. K.Sharafudeen, S/o.Kunchi Moideen, Mundiyanmad House, Chenakkalangadi (Po), Thenhippalam, Kerala..

... Petitioners/Accused Nos.3, 5 and 6 Vs The State of Tamilnadu, Rep by the Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.790 of 2024..

... Respondent/Complainant For Petitioners : Mr.P.Banuprasath, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime no.790 of 2024 on the file of the Respondent Police. COMMON ORDER : The Court made the following common order :- The petitioners / Accused, who were arrested and remanded to judicial custody 3/7

from 18.11.2024 for the offences under Sections 275, 123 of BNS and Sections 7(1), 24

(1) of Cigarette and Other Tobacco Products Act of 2003 in Crime No.790 of 2024 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on 18.11.2024, the accused persons illegally transported banned tobacco products to the tune of 1010 kgs in two vehicles. There are totally six accused persons in this case and all the accused persons are before this Court.

3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners have suffered incarceration from 18.11.2024 and the banned tobacco products have already been seized and the vehicles have also been seized and the investigation is at its fag end only awaiting for the chemical analysis report and also considering the fact that there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.

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5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Orathanadu, Thanjavur 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 petitioners shall report before the respondent Police every Monday and Friday at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 5/7

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 of BNS, 2023.

sd/- 07/01/2025 / TRUE COPY / 07 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE ORATHANADU, THANJAVUR DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE SUN JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-156[I] dated 07/01/2025 ) +1 CC to M/s.P.BANUPRASATH , Advocate ( SR-169[I] dated 07/01/2025 )

ORDER

IN CRL OP(MD). Nos.22182, 22976 & 23026 of 2024 Date :07/01/2025 PSP/ /SAR /07.01.2025/ 7P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7