Jaganathan v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN N.Jaganathan ..Petitioner(s) Vs The State rep.by, Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.

Cr.No524 of 2024.

..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of B.N.S.S., pleased to grant an anticipatory bail to the petitioner in event of his arrest in Cr.No.524 of 2024 pending on the file of the respondent police. For Petitioner(s):

Mr.B.Gopalakrishnan For Respondent(s):

Mr.P.Dhileepan Government Advocate (Criminal side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections Sections 275, 123 and 62 of BNS, 2023 and Sections 6 (b), 24 (1) of Cigarette and other Tobacco Products Acts 2003 in Crime No.524 of 2024 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused were found to be in illegal possession of banned tobacco products. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that co accused has already been granted bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and further submitted that the petitioner has no previous cases against him. However, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts that the petitioner has no previous cases, the co-accused has already been released on bail and the custodial interrogation of the petitioner is not required at this stage, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Polur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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;

(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 daily at 10.30 am and 5.30 pm. for a period of two months and thereafter as and when required;

(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.

18-03-2026 ep To 1.The learned Judicial Magistrate, Polur.

2.The Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

ep 18-03-2026