Crl.O.P.No.11262 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.11262 of 2025 Senthil Kumar S/o. Sankaran ....Petitioner/Accused-2 Vs State represented by The Station House Officer, Nettapakkam Police Station, Puducherry Crime No.35 of 2025 ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.35 of 2025 on the file of the respondent police For Petitioner : Mr. A. Murugavel For Respondent : Mr. S.Balaji Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11262 of 2025 ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 24(1) r/w 6 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 and Section 77 of Juvenile Justice Act 2015, in Crime No.35 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that, on secret information, the petitioner and the other accused were found selling tobacco products, which are banned by the Tamil Nadu Government, to the school going children. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that a false case has been foisted against the petitioner; that the petitioner was not involved in the said offence; and that in any case the contraband was seized and hence custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11262 of 2025 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband was seized; that the petitioner has no bad antecedents; and that the co-accused has been granted bail by this Court in Crl.O.P.No.11145 of 2025 on 16.04.2025. 5. Considering, the nature of allegations, the fact that the contraband has been seized; that the petitioner has no bad antecedents and that the co-accused has been granted bail by this Court and since 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. 6. 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 made ready, before the learned Judicial Magistrate-I, Puducherry, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11262 of 2025 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 condition 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. [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 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11262 of 2025 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 of B.N.S. 16.04.2025 bga 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11262 of 2025 SUNDER MOHAN, J. bga To 1. The Judicial Magistrate-I, Puducherry 2. The Station House Officer, Nettapakkam Police Station, Puducherry 3. The Public Prosecutor, High Court, Madras. Crl.O.P. No.11262 of 2025 16.04.2025 6/6 https://www.mhc.tn.gov.in/judis