Manikandan v. State Rep.By, Its, The Inspector Of Police,

CRL OP NO. 7415 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7415 of 2025 MANIKANDAN S/o. Dhandapani, No.57, Kamarajar Street, Kedar Village, Villupuram District- 605402.

Petitioner(s) Vs State Rep.By, Its, The Inspector Of Police, KEDAR POLICE STATION, Villupuram District.

(Crime No. 32 of 2025) Respondent(s) For Petitioner(s):

Mr.D Dayalan 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 274, 275, 123 of the Bharatiya Nyaya Sanhita, 2023 (272, 273 and 328 of Indian Penal Code, 1860) and |Section 24(1) of Cigarette and other Tobacco Products Acts, 2003 in Crime No.32 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, based on a secret information, the respondent police went to the petitioner's petty shop, found that the petitioner was involved in illegal selling of banned tobacco products and seized 15

packets of Hans in his shop. 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 and the petitioner was enlarged on bail on 06.03.2025 in Crl.M.P.No.1038 of 2025 before the Principal Sessions Judge, Villupuram. In the meantime, based on the confession of A1, the petitioner has been implicated as A2 when he was in judicial custody of Crime No.29 of 2025; 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 (Criminal Side) appearing for the respondent police opposed for the grant of bail to the petitioner considering the seriousness of the offence.

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, the fact that the petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required for the purpose of

investigation, 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 No.II, Villupuram 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 of B.N.S.

14-03-2025 msv To The Inspector Of Police, KEDAR POLICE STATION, Villupuram District.