CRL OP No. 21688 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No. 21688 of 2025 Nagesh Dewashi S/o. Nimbaram Dewashi, No.8-2-533, Kumariguda, Secunderabad, Hyderabad Telangana. Petitioner(s) Vs State rep by Inspector of Police, Arcot Town P.S., Ranipet District (Crime No. 232 of 2025) Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS to enlarge the Petitioner on Anticipatory bail, in the event of his arrest in Crime No.232 of 2025 on the file of the respondent herein. For Petitioner : M/s.Pavithra Priyadarshini A For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7(5) and 20(2) of Cigarette and Other Tobacco Products Acts, 2003 and Section 123 of BNS, 2023 in Crime No.232 of 2025 on the file of respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on the date of occurrence, A1 and A2 were found in possession of banned tobacco products weighing 281 kgs. (1)15 bags of Hans each containing 16 kgms totally 240 kgms (2) 6 bags of vimal panmasala each containing 5.5 kgms, totally 33 kgms (3) 8 bags of vimal mixer each containing 1 kgms totally 8 kgms) in a Mahendra XUV-500 vehicle bearing registration number TN-14-7662 and they confessed that based on the instructions of the petitioner herein/A3, they transported the said products. Hence, this case. 3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case as A3 based on the confession of A1 and A2. However on instructions he submitted that without prejudice to his right and contentions, the https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 petitioner is prepared to deposit/pay some considerable amount as may be directed by this court and prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for respondent police raised objections for the grant of anticipatory bail to the petitioner by stating that the petitioner along with other accused involved in the illegal transportation of banned tobacco products weighing 281 kgs. However, he submitted that the arrested accused/A1 and A2 have been released on bail. 5. Considering the above facts and circumstances of the case and also of the fact that the co-accused have been released on bail, 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 District Munsif cum Judicial Magistrate, Arcot, on condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit to the credit of Arignar Anna Government Hospital of Indian Medicine (Siddha) (A/c.110101106507, Canara Bank, Aminjikarai, https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 Chennai-29, IFSC Code: CNRB0016021), within a period of two weeks from the date on which the order copy made ready and the petitioner shall also 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 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 on every Saturday at 10.30 a.m. for the period of three months and thereafter, as and when required. [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 https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 To 1. The District Munsif cum Judicial Magistrate, Arcot 2. The Inspector of Police Arcot Town P.S., Ranipet District 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 21688 of 2025 T.V.THAMILSELVI J. ksa-2 CRL OP No. 21688 of 2025 11-09-2025 https://www.mhc.tn.gov.in/judis