CRL O.P. No.4985 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.02.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.4985 of 2025 Perumal S/o. Mani ... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, P-1 Thiruvallur Town Police Station, Thiruvallur District. ... Respondent [Cr. No.54 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.54 of 2025 on the file of the respondent police. For Petitioner : Mr.Suresh G. For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side] ORDER The petitioner / Accused, who apprehends arrest in the hands of 1/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.4985 of 2025 the respondent police for the offences punishable under Sections 274, 275 and 123 of B.N.S. and Sections 6(b) and 24(1) of Cigarette and Other Tobacco Products Act, 2003 and Section 77 of the Juvenile Justice Care and Protection of Children Act, 2015 in connection with the case in Crime No.54 of 2025, seeks anticipatory bail. 2. The case of the prosecution is that on 30.01.2025, based on the secret information regarding the illegal trafficking of banned Tobacco products, the police party found the accused in illegal possession of 6 gunny bags of banned Tobacco and pan masala items. 3. Learned counsel for the petitioner would contend that the petitioner is innocent; that co-accused were arrested and released on bail; that the petitioner has been falsely implicated based on the confession statement of co-accused; that contraband was seized; and that the custodial interrogation of the petitioner is not required in this case and hence prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side), reiterated 2/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.4985 of 2025 the prosecution case and on instructions, submitted that contraband was seized; that the petitioner has 5 other previous cases of similar nature; that he is on bail, in all those previous cases and that the co-accused were arrested and released on bail. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record. 6. Considering the nature of allegations, the fact that the co- accused were already arrested and released on bail, the petitioner has been implicated, only based on the confession statement of co-accused, contraband was seized, the petitioner is on bail in all other previous cases and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 3/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.4985 of 2025 from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvallur on condition that petitioner 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner and 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 report before the respondent police everyday 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. 4/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.4985 of 2025 [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 abscond, a fresh FIR can be registered under Section 269 B.N.S. 25.02.2025 mjs To 1.The Judicial Magistrate, Thiruvallur. 2. The Public Prosecutor, High Court, Madras. 3. The Inspector Of Police, P-1 Thiruvallur Town Police Station, Thiruvallur District. SUNDER MOHAN. J., mjs 5/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.4985 of 2025 CRL O.P. No.4985 of 2025 25.02.2025 6/6 https://www.mhc.tn.gov.in/judis