CRL OP No. 17118 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17118 of 2026 Shajan Sheik Kaseem ..Petitioner(s) Vs The State Rep By, The Inspector of Police Vellore North Police Station, Vellore. Tamil Nadu Crime No.203 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail to the petitioner in Crime No.203 of 2026 in the event of pending on the file of the respondent police. For Petitioner(s): Sriraam MS For Respondent(s): Ms.R.S.Indira Govt Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 6(a), 24(1) of COTPA Act and Section 123 of BNS, 2023 in Crime No.203 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17118 of 2026 __________ Page2 of 5 2. The case of the prosecution is that when the respondent police were on regular patrol duty, the petitioner along with other accused were found to be in illegal possession of 36.743 Kgs of banned tobacco products. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the de facto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that no previous case is pending against this petitioner. However, she opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 17118 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, from the submissions made by learned Government Advocate (Crl.Side), it is seen that petitioner has no criminal antecedents and this is only a recovery of 36.743 Kgs of banned tobacco products and FIR came to be registered on 08.06.2026. Considering the totality of the circumstances, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-IV, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; https://www.mhc.tn.gov.in/judis CRL OP No. 17118 of 2026 __________ Page4 of 5 (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-07-2026 nr To: 1. The Judicial Magistrate-IV, Vellore 2. The Inspector of Police Vellore North Police Station, Vellore. Tamil Nadu 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 17118 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NR CRL OP No. 17118 of 2026 06-07-2026 https://www.mhc.tn.gov.in/judis