Shankar Lal v. The State Rep. By

CRL OP NO. 7400 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7400 of 2025 Shankar Lal S/o.Chhoga Ji, 8g, Seetha Raman Street, Vandavasi, Ammayampattu, Tiruvannamalai District.

Petitioner(s) Vs The State Rep. By The Sub-inspector Of Police, Ponnur Police Station, Tiruvannamalai District. Crime No.115 Of 2024 Respondent(s) For Petitioner(s):

Mr.E.Sathiyaraj For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 275, 123 of BNS (Corresponding Section 273 and 328 of IPC) and Section 6(a), 24(1) of Cigarette and other Tobacco Products Acts, 2003 in Crime No.115 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, the respondent conducted a search on 05.12.2025 at the first accused shop and found that he was involved in illegal

selling of banned tobacco products and seized 135 packets of Hans, 56 packets of Coolip and 840 packets of V1 in his shop. The first accused confessed that the said tobacco products were purchased from the petitioner/A2. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case based on the confession of A1; that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioner, stating that the petitioner was involved in illegal possession of 135 packets of Hans, 56 packets of Coolip and 840 packets of V1; that the petitioner has four previous cases.

5. Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned

counsels on either side, 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 Metropolitan Magistrate, Vanthavasi, Tiruvannamalai District on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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.

14-03-2025 msv To The Sub-inspector Of Police, Ponnur Police Station, Tiruvannamalai