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Madras High CourtCRL OP/11549/2026granted

Chandan Singh v. The State Rep. By The Inspector Of Police

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Chandan Singh ..Petitioner(s) Vs The State Rep. by The Inspector of Police SIPCOT Police Station, Krishnagiri District.

Crime No. 388/2025.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to grant Anticipatory Bail to the petitioner in the event of his arrest or on his appearance before any court in connection with the case in Crime No.388 of 2025 pending investigation on the file of the respondent police. For Petitioner(s):

Mr.T.Deeraj For Respondent(s):

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

ORDER

The petitioner who apprehends arrest in the hands of the respondent police for the offences punishable under Section 123 BNS/328 IPC, Sections 7 & 20(1) of the Cigarette and Other Tobacco Products Acts, 2003 and Section 4(1)(c) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No. 388 of 2025, seeks anticipatory bail.

2.The case of the prosecution is that the police officials intercepted a White Fortuner bearing registration No. MH 43 AF 9137 at Zuzuvadi flyover at Bengaluru to Hosur NH during their routine inspection, that the driver had absconded after interception, and that the respondent police seized 160.875 Kgs of Ganesh 701 Tobacco products, 1500 pouches of Hans Chappa Tobacco, 440 pouches of Lip Tobacco weighing 5 Kgs, and 15 packets of Rum weighing 2 litres, which were illegally transported in the said vehicle. Hence the case. 3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, his name is not mentioned in the First Information Report (FIR), and he has not committed any such offence as alleged by the prosecution.

He further submitted that this is a second anticipatory bail petition, no previous criminal case is pending against the petitioner, and he is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed the grant of anticipatory bail to the Petitioner due to the large quantity of banned tobacco products and liquor seized. However, he admitted that the petitioner is having no previous case and that the petitioner's name is not in the FIR.

5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions made by the learned counsel on either side, the nature of offences, the fact that the petitioner's name was not in the FIR, and also the fact that the petitioner is having no previous case pending against him, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate Court II, Hosur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of thirty days (30 days) and thereafter as and when required for interrogation;

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of

the Court;

[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 BNSS, 2023.

13-05-2026 SHA Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1.The Judicial Magistrate Court II, Hosur.

2.The Inspector of Police SIPCOT Police Station, Krishnagiri District.

3.The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL, J.

SHA 13-05-2026