Ajaisoukan@Ajay Chouhan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Ajaisoukan @ Ajai Chouhan, S/o.Om Prakash,

: Petitioner/A3

Vs The State of Tamilnadu rep.by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District. (Crime No.406 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Ramesh Kumar,

Advocate. For Respondent : Mr.B.Thanga Aravindh,

Government Advocate (Crl.Side) (Petitioner/A3 rank amended as per order of this Court, dated 11.07.2025 in Crl.MP

(MD)No.9028 in Crl.OP(MD)No.11512/2025) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.406 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 20.06.2025 for the offences punishable under Section 24(1) of Cigarette and Other Tobacco Products Acts 2003 and Sections 281 and 123 BNS, 2023 in Crime No.406 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 20.06.2025, the respondent police intercepted a Innova car bearing Registration No.TN-05-CB-2727 and found that the petitioner along with other accused had illegally transported banned tobacco products weighing 564 kgs. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that A2 was already granted bail by this Court in Crl.O.P(MD) No.10985 of 2025, dated 07.07.2025 and the petitioner is in custody from 20.06.2025 nearly 33 days. Hence, he seeks bail.

4.The learned Government Advocate (Criminal Side) has filed a counter affidavit and stating that the petitioner along with other accused persons had illegally transported banned tobacco products worth about Rs.3,80,000/- and that the entire contraband, three mobile phones and the Innova car were recovered by the respondent police. He would further submit that the petitioner is in close association with the first accused and the address provided by the petitioner, purportedly located in Medavakkam, is bogus. However, he objected to grant bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and considering the fact that the entire properties have already been recovered and by this time, most of the investigation might have been completed and also the fact that the co-accused was already released on bail and taking note of the fact that the petitioner remanded into judicial custody on 20.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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 local sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Pattukkottai, 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 deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Environmental Committee operated by Registrar (Judicial) Account No.7633863037, MICR Code: 625019020, CIF No.30602376727, IFSC Code IDIBH040, High Court Branch, Madurai, without prejudice to his right and contentions before the trial Court as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.I, Pattukkottai, Thanjavur District, shall accept the sureties furnished by the petitioner; [c] the petitioner shall furnish his residential address and contact number to the Judicial Magistrate No.I, Pattukkottai, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.I, Pattukkottai, Thanjavur District; [d] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.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 CRLoOP(MD).No.11512oofo2025 inoP.K.Shajiovs.oStateoofoKeralao[(2005)AIRoSCWo5560];oando [h]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono269oBNS.o oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo24/07/2025 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo oooooooooooooooo25/07/2025 ooooooooooooooooooooooooooo o Sub-AssistantoRegistraro ooooooooooooo oooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oooooMaduraio-o625o023.oo o das TO 1oooTHEoJUDICIALoMAGISTRATEoNO.I,oPATTUKKOTTAI,oTHANJAVURoDISTRICT. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE,oTHANJAVURoDISTRICT AToKUMBAKONAM. 3oooTHEoOFFICERoINCHARGE,oSUBoJAIL,oPATTUKOTTAI,oTHANJAVURoDISTRICT. 4oooTHEoINSPECTORoOFoPOLICE,oPATTUKOTTAIoTOWNoPOLICEoSTATION, THANJAVURoDISTRICT. 5oooTHEoADDITIONALoPUBLICoPROSECUTOR,oMADURAIoBENCHoOFoMADRAS HIGHoCOURT,oMADURAI.o Copyoto THEoSECTIONoOFFICER,oACCOUNTSoSECTION,oMADURAIoBENCHoOFoMADRAS HIGHoCOURT,oMADURAI.o ORDER IN CRL OP(MD) No.11512 of 2025 Date :24/07/2025 NBF/SAR- /24/07/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023