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2026 DAILYLAW 26331 (MAD)

Iyappan v. State rep by the Inspector of Police

CRL OP/13124/2026 · 2026-05-14

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 13124 of 2026 ____________ Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 13124 of 2026 Iyappan, S/o.Vadivel ... Petitioner Vs State rep. by Inspector of Police, Nanelam Police Station, Thiruvarur District. (Crime No.50 of 2026) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.50 of 2026 on the file of the respondent police. For Petitioner : Mr.J.Jawahar For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 275, 123 of BNS r/w 7 of 20(1) of the Tobacco Products Act, in Crime No.50 of 2026 on the file of the respondent police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 13124 of 2026 ____________ Page No.2 of 6 2. It is the case of the prosecution that the petitioner was involved in illegal possession of 76 kgs. banned tobacco products. Hence, the case. 3. Learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4. Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and submitted that the petitioner has no previous case pending against him. He further submitted that this is the second anticipatory bail application filed by the petitioner and if the petitioner is enlarged on anticipatory bail, he may abscond and commit similar offences in the future as well. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. 5. Heard the learned counsel on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 13124 of 2026 ____________ Page No.3 of 6 6. Considering the submissions made by the learned counsel on either side, nature of offences, and the quantity involved in this case and also considering the fact that there is no previous cases pending against the petitioner, I am 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 from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thiruvarur, on condition that the 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 every Saturday at 10.30 a.m., for a period of four https://www.mhc.tn.gov.in/judis CRL OP No. 13124 of 2026 ____________ Page No.4 of 6 weeks and thereafter as and when required for interrogation; [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] the petitioner shall not leave India without the prior permission of the Court. [f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 14-05-2026 sp https://www.mhc.tn.gov.in/judis CRL OP No. 13124 of 2026 ____________ Page No.5 of 6 To 1. The District Munsif cum Judicial Magistrate, Thiruvarur. 2. The Inspector of Police, Nanelam Police Station, Thiruvarur District. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 13124 of 2026 ____________ Page No.6 of 6 P.DHANABAL, J. sp CRL OP No. 13124 of 2026 14-05-2026 https://www.mhc.tn.gov.in/judis