CRL OP(MD). No. 5926 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 5926 of 2026 G.Muthupandi ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, M.Pudhupatti Police Station Virudhunagar District. (Crime No.41 of 2026) ...Respondent/Complainant For Petitioner :Mr.Marees Kumar.E Advocate. For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.41 of 2026 on the file of the respondent police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 123 of BNS r/w Section 24(1) and 6(b) of COTPA, in Crime No.41 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 10.03.2026, the respondent Police has conducted regular vehicle check up, at that time, the respondent Police found that the petitioner and other accused were in illegal possession 72 bags of prohibited tobacco products and the seized the tobacco products. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 and he is no way connected in the above said incident. He would further submit that based on the confession of co-accused, he has been arrayed as accused. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) fairly submits that investigation is pending and the petitioner has one previous case. However, he opposes to grant anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and quantity of the contraband involved in this case and though the petitioner has one previous case, he was granted 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 bail and also considering the fact that based on the confession of co-accuse, he has been falsely implicated in this case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate No.2, Sivakasi, Virudhunagar District, and on further conditions that: [b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 26.03.2026 vsg To 1.The Judicial Magistrate No.2, Sivakasi, Virudhunagar District. 2.The Inspector of Police, M.Pudhupatti Police Station Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5926 of 2026 P. DHANABAL, J., vsg ORDER IN CRL OP(MD) No. 5926 of 2026 Date : 26.03.2026 7/7 https://www.mhc.tn.gov.in/judis