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Madras High Court/8170/2026granted

Asothai v. State, Represented By The Inspector Police Station

2026-04-15Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Asothai W/o. Kaliyamoorthi, No 121,Mariyamman Kovil,Andipalaiyam, Manmangalam,Vanamadevi, Cuddalore District ..Petitioner(s) Vs State, represented by The Inspector Police Station Sozhatharam Police Station, Cuddalore District.

(Crime No.16 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioners on bail in the event of his arrest by the respondent police concerned in Crime No.16 of 2026 on the file of the respondent, on such terms and conditions and as this Honorable court may deem fit and proper and thus render justice.

For Petitioner(s):

Mr. R. Parthiban For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 24(1) of Cigarette and other Tobacco Products Act, 2003 r/w under Section 275

and 123 of BNS Act, in Crime No.16 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products valued at Rs.120. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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, upon instructions, submitted that no previous case has been registered against the petitioner and that the contraband was recovered from the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Considering the totality of the circumstances of the case and the fact that the petitioner is a woman aged about 71 years, this Court is of the view that custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 District Munsif cum Judicial Magistrate Court, Kattumannarkovil, 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;

(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 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.

15-04-2026 DRL To 1.The District Munsif cum Judicial Magistrate Court, Kattumannarkovil.

2.The Inspector Police Station Sozhatharam Police Station, Cuddalore District.

(Crime No.16 of 2026) 3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 15-04-2026