CRL OP NO. 2889 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2889 of 2025 Sivan @ Siva S/o. Raj, Door No.18/19, 2nd Street, NRK Puram Main Road, Tiruppur East, Tiruppur District. Petitioner(s) Vs State Rep.By, The Inspector Of Police, Mahendramangalam Police Station, Dharmapuri District. Crime No.04 of 2025. Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on bail in the event of arrest in Crime No.04 of 2025 pending on the file of the respondent police. For Petitioner(s): Mr.R.Parthiban For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent 1/5 https://www.mhc.tn.gov.in/judis CRL OP NO. 2889 of 2025 police for the offences punishable under Section 123 of the BNS Act r/w 24(1) of Cigarette and other Tobacco Products Act,2003 in Crime No.04 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that A1 and A2 were in possession of banned tobacco products and based on their confession statement, the petitioner was arrayed as A3. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; the petitioner was arrayed as accused only based on the confession statement of co- acused; and that the co-accused were arrested and released on bail, he may be released on anticipatory bail. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioner was arrayed as accused based on the confession statement of other co-accused, there are 4 previous cases as against the petitioner and contrabands were seized, hence, he opposed for grant of anticipatory bail. 2/5 https://www.mhc.tn.gov.in/judis CRL OP NO. 2889 of 2025 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record. 6. Considering the submissions made on either side and also nature of allegation, the fact that the co-accused was arrested and released on bail, contrabands were seized, though the petitioner has four previous cases, he was arrested and released on bail in those cases, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Palacode on condition that the petitioners shall execute 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 the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand 3/5 https://www.mhc.tn.gov.in/judis CRL OP NO. 2889 of 2025 dismissed and on further condition that: SUNDER MOHAN, J. vca [b] the petitioner shall report before the respondent police every day at 10:30 a.m., until further orders and deposit an amount of Rs.10,000/- to the District Legal Aid Services; [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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 12-02-2025 vca To 1. State Rep.By, The Inspector Of Police, Mahendramangalam Police Station, Dharmapuri District. Crime No.04 of 2025. 2. The Judicial Magistrate Court, Palacode 3.The Public Prosecutor, 4/5 https://www.mhc.tn.gov.in/judis CRL OP NO. 2889 of 2025 High Court, Madras CRL OP NO. 2889 of 2025 5/5 https://www.mhc.tn.gov.in/judis