Dinesh @ Dinesh Kumar v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Dinesh @ Dinesh Kumar S/o. Sulthan Ram, No.543, Rayilo Ka Bas, Atpara, Pali, Rajasthan - 306 104.
..Petitioner(s) Vs State Rep.by, The Inspector of Police, Katpadi Police Station, Vellore District.
Crime No. 400 of 2025 ..Respondent(s) PRAYER:-The Criminal Original Petition is filed under Section 482 of B.N.S.S, to enlarge the petitioner on bail in the event of his arrest in Crime No.400 of 2025, (on the file of the respondent). For Petitioner(s):
Mr.A.Suresh Balaji For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent Police for the offences punishable under Sections 7(5), 20(2)
Cigarette and other Tobacco Products Act r/w. Section 123 of BNS, 2023 in connection with the Cr. No.400 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 14.10.2025, the respondent police received a secret information. Based on the information, the respondent Police was conducting vehicle check and intercepted the car bearing registration No.TN13Q0743, where the accused 1 and 2 were found in possession of 334 kgs of banned Tobacco products. The Inspector seized the contraband and collected the samples and arrested the accused and registered FIR in Crime No.400 of 2025. Based on the confession of co-accused, the petitioner was implicated as an accused. Hence, the case.
3. The learned counsel for the petitioner would contend that the petitioner had not indulged in any offence and only based on the confession of the co-accused the petitioner was implicated in the present case and hence the petitioner may be released on anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that no previous case is pending against the petitioner and only based on the confession of the co-accused the petitioner was implicated in the present case. The co-accused was arrested and released on bail and this is the third bail petition of the petitioner and hence, he strongly opposed
to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, considering the nature of offences, considering the fact that no previous case is pending against the petitioner and only based on the confession of the co-accused the petitioner was implicated in the present case. The co-accused was arrested and released on bail, this Court is 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 Judicial Magistrate, Katpadi, Vellore District 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 every Saturday for a period of four weeks, thereafter as and when required; [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 her 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 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order rst 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 official website of this Court will be watermarked and will also have a QR code.
To:- 1.The Judicial Magistrate, Katpadi Vellore.
2.The Public Prosecutor, High Court of Madras.
3.The Inspector of Police, Katpadi Police Station, Vellore District.
P.DHANABAL J.
rst 14-05-2026