Crl.OP.No.3032 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.3032 of 2025 Devagi .. Petitioner Vs. The State rep by The Inspector of Police, Sadras Police Station, Chengalpattu District. (Crime No.01/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in Crime No.01 of 2025 on the file of the respondent Police. For Petitioner : Mr.Vijayaragavan Marimuthu For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 123 of BNS, 2023 and Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3032 of 2025 under Section 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.01 of 2025, seeks anticipatory bail. 2. The case of the prosecution is that, based on the secret information, the respondent, on 04.01.2025, found that A1 to A3 were in illegal possession of banned tobacco products; and based on the confession of A1, the respondent recovered 10 packets of Hans from the petitioner's shop. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would further submit that there are no previous cases pending against the petitioner. Hence, he prays for grant of anticipatory bail. 4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and on instructions submitted that A1 to A3 were arrested and released on bail; and based on the cofession of A1, the petitioner was arrayed as an accused. Hence, he opposed for grant of anticipatory bail. 5. Heard the learned counsel for the petitioner and the learned Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3032 of 2025 Government Advocate (Crl.side) for the respondent and perused the materials available on record. 6. Considering the nature of allegations; and A1 to A3 were arrested and released on bail; and no previous case is pending against the petitioner; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thirukalukundram, Chengalpattu District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3032 of 2025 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 report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 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 BNS. 07.02.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3032 of 2025 To 1.The Inspector of Police, Sadras Police Station, Chengalpattu District. 2. The Judicial Magistrate, Thirukalukundram, Chengalpattu District 3.The Public Prosecutor, Madras High Court, Chennai. SUNDER MOHAN , J. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3032 of 2025 dpa Crl.O.P.No.3032 of 2025 07.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis