Kalaiarasan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.07.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Kalaiarasan, S/o.Swaminathan ...Petitioner / Accused No.2

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vattathikottai Police Station, Thanjavur District. (Crime No.126 of 2025) ... Respondent/ Complainant

For Petitioner : M/s.A.Banumathy,

Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.126 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on

17.06.2025 for the offences under Sections 275 and 123 of the Bharatiya Nyaya Sanhita, 2023, and Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, in Crime No.126 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that, on 17.06.2025, two accused persons, including the petitioner, were found transporting 5 kilograms of Coolip in a car bearing Registration No.TN-58-U-2410 and 3 kilograms of Coolip in a two-wheeler bearing Registration No.TN-55-AR-3575, respectively. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 17.06.2025. He would also submit that A1 was granted bail by this Court. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that there are totally two accused persons in this case and the petitioner has been arrayed as A2. He would further submit that there are no previous cases against the petitioner. He would further submit that the alleged properties have been recovered. He would also submit that the investigation in this case is still pending and therefore, he opposes the grant of bail to the petitioner.

¶5This Court has heard the learned counsel on both sides and perused the materials available on record.

¶6Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also the fact that the alleged properties have already been recovered, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukottai, 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Pattukottai, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Pattukottai, Thanjavur District. [c] the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Pattukkottai, Thanjavur District shall accept the sureties furnished by the petitioner. [d] the petitioner shall appear and sign 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 of BNS, 2023.

¶8In the result, this Criminal Original Petition is allowed subject to the conditions stated supra. sd/-

08.07.2025

/ TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023. pal TO

¶1The Judicial Magistrate, Pattukottai, Thanjavur District.

¶2Do-Through The Chief Judicial Magistrate, Thanjavur District.

¶3The Superintendent, Central Prison, Pattukottai, Thanjavur District.

¶4The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To The Officer in Charge, District Siddha Medical Officer, CCRI, Periyakulam +1 CC to M/s.A.BANUMATHY, Advocate ( SR-7239[I] dated 08/07/2025 ) ORDER IN CRL OP(MD) No.11513 of 2025 Date : 08.07.2025 SL(08.07.2025)/5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.