CRL OP(MD). No.5329 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.5329 of 2025 Rathinavelpandian ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, K.Pudur Police Station, Madurai City, Madurai District. Crime No.370 of 2024 ... Respondent/Complainant For Petitioner : Mr.Yasar Arafath For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.370 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 19.03.2025 1/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5329 of 2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 6(b) and 24(1) of Cigarettes and Other Tobacco Products Act, 2003 in Crime No.370 of 2024 on the file of the respondent- police. 3. The case of the prosecution is that during patrolling duty near Rubee Cool Drinks Company, SIDCO Campus, K.Pudhur, Madurai, the respondent-Police saw a vehicle bearing Registration No.TN 06 M 1563 that was stopped there. There was no one present in the vehicle. Suspecting the vehicle, the respondent-Police searched it and recovered banned tobacco products namely cool lip – 48 packets, ganesh tobacco – 360 packets, vimal pan masala – 570 packets. Hence, the case. 4. The petitioner initially filed a petition for pre-arrest bail in Crl.O.P.(MD) No.14293 of 2024 and the same was dismissed on 30.08.2024. Again, the petitioner moved another petition for pre-arrest bail in Crl.O.P.(MD)No.19746 of 2024 and the same was dismissed by this Court vide order dated 15.11.2024. This is the third application for pre-arrest bail and this Court specifically put a question to the learned counsel for the petitioner to state the change of circumstances. 2/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5329 of 2025 5. Mr.Yasar Arafath, learned counsel appearing for the petitioner submits that the co-accused A1 was arrested and released on bail and that is the change of circumstance in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to allow this petition. 6. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the investigation is still going on and prays to dismiss this Criminal Original Petition. 7. Heard on both sides. This Court has perused the records. 8. In view of the facts and circumstances, this Court is of the opinion that as far as this petitioner is concerned, there are no change of circumstances and without change of circumstances, successive pre-arrest bail application is not maintainable. Hence, this Criminal Original Petition is dismissed. sd/- 02/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. 3/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5329 of 2025 MBI TO 1.THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY, MADURAI DISTRICT. 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5329 of 2025 Date :02/04/2025 PR/13.05 .2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4 https://www.mhc.tn.gov.in/judis