CRL OP(MD). No.6671 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.6671 of 2025 Manikandan ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep By,The Inspector of Police, K V Nallur Police Station, Tenkasi District. Cr.No.366 of 2025.. ... Respondent/Complainant For Petitioner : Mr.C.Rathna Vel Pandian, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr,No.366 of 2025 on the file of the respondent-police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 07.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail. 2. The petitioner/A4 apprehends arrest at the hands of the respondent-Police for the offences punishable under Section 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.366 of 2025 on the file of the respondent-Police. 3. The case of the prosecution is that on 05.04.2025, at about 12.00 p.m., based on secret information, the respondent-police conducted a search near Avarampatti, Karivalam Vanthanallur Police Station Range, to prohibit illegal transportation and sale of banned tobacco products. At that time, one veeralakshmi / A2 was standing in front of her shop with a plastic bag. On seeing the police party, the said veeralakshmi hide the bag in her shop. Thereafter, with her consent, the respondent made search in the above said bag and they found that she was in illegal possession of banned tobacco product namely, Ganesh 701 Tobacco -30 bags totally weighing 6.90 kgs. On enquiry, the said veeralakshmi informed that the banned products was 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 received from A1, who had sent the tobacco in his auto bearing Registration No.TN- 76-H-0109. The respondent-police seized the banned tobacco products and the said auto. Thereafter, based on the confession of A1, the petitioner has been arrayed as A4. Hence, the complaint. 4. Mr.C.Rathna Vel Pandian, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence and he has been accused solely based on the confession of A2. He further submits that a false case has been foisted against the petitioner. He further submits that he is ready to abide by any conditions to be imposed by this Court. Therefore, he prays for granting pre-arrest bail to the petitioner. 5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that there are four previous cases against the petitioner, out of which, two cases are similar in nature and other two cases are registered under the Tamil Nadu Prohibition Act, 1937. The petitioner has been implicated based on Accused No.2's confession. He further submits that the alleged contraband and the vehicle have been seized by the respondent-Police. Hence, he vehemently opposes the grant of pre-arrest bail to the petitioner. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 6.Heard on either side. This Court perused the First Information Report and also perused the other materials available on record. 7. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding. Taking note of the fact that the prohibited tobacco products and the alleged auto have been seized by the respondent-Police and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, sankarankovil, Tenkasi District, within a period of fifteen days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, sankarankovil, Tenkasi District,; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Judicial Magistrate, sankarankovil, Tenkasi District, 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police daily at 05.00 p.m., until further orders; (iv) The petitioner shall make himself available for interrogation by a police officer as and when required; (v) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, sankarankovil, Tenkasi District,; (vi) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (vii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (viii) The petitioner shall not leave India without the prior permission of the Court; (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, sankarankovil, Tenkasi District, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him / her as laid down by the Hon- ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 7. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. Sd/- 22/04/2025 // True Copy // /2025 Sub Assistant Registrar (CS – I/ II / III /IV) Madurai Bench of Madras High Court, Madurai. vsg TO 1.The Judicial Magistrate, Sankarankovil, Tenkasi District. 2.Do Through The Chief Judicial Magistrate, Tenkasi District. 3.The Inspector of Police, K V Nallur Police Station, Tenkasi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6671 of 2025 +1 CC to M/s.J.C.RATHNAVEL PANDIAN, Advocate ( SR-4595[I] dated 23/04/2025 ) CRL OP(MD) No.6671 of 2025 Date : 22/04/2025 KVL/26.05.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7 https://www.mhc.tn.gov.in/judis