Baskar v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Baskar S/o.Mukkan ..Petitioner(s) Vs The State Rep by its The Inspector of Police, Thittakudi Police Station, Cuddalore District.

Crime No. 197 / 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in Cr. No.197 of 2025 on the file of the respondent police.

For Petitioner(s):

Ms.R. Raji For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 and 286 of the BNS, 2023, r/w 24(1) of the Cigarettes and other Tobacco Product Act, 2003, in Crime No.197 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that, when the respondent police was conducting a raid during patrol, the petitioner along with the other accused was found with illegal possession of 30 pockets of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He submitted that based on the confession of the co-accused, he was falsely implicated in this case. He further submitted that there is no previous case pending against the petitioner. He also submitted that the petitioner is ready to abide by any stringent conditions imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and submitted that the petitioner was found with illegal possession of banned tobacco products. He further submits that the petitioner has no previous case against the petitioner. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, nature of offences, quantity involved is not commercial quantity and the fact that the co-accused was arrested and released on bail and also considering the fact that there are no previous cases pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the Judicial Magistrate, Thittakudi, 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 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 conditions 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 every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; [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] the petitioner shall not leave India without the prior permission of the Court.

[f] 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]; [g] 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 ssa

To

1. The Inspector of Police, Thittakudi Police Station, Cuddalore District.

Crime No. 197 / 2025

2. The Judicial Magistrate, Thittakudi.

3. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

ssa 14-05-2026