Santhi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Santhi 28/2, Main road, Pennadam,R.S.Post,Thittagudi Taluk,Cuddalore Petitioner(s) Vs

1. The State Rep By, The Inspector of Police 28/2, Main road, Pennadam,R.S.Post,Thittagudi Taluk,CuddaloreThe Inspector of Police Pennadam Police Station, Cuddalore District. Crime No. 307 of 2025 Respondent(s) PRAYER: Petition filed under Section 482 of BNSS, 2023 to enlarge the Petitioner on bail in the event of her arrest by the Respondent Police in Crime No. 307 of 2025 on the file of the Respondent. For Petitioner(s):

Mr.D Bennington For Respondent(s):

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

ORDER

The petitioner, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 275, 123 of BNS, 2023 and Section 24(1) of COTPA Act, 2003 in connection with the case in Crime No.307 of 2025, seek anticipatory bail.

2. The case of the prosecution is that when the respondent police was conducting a raid, the petitioner was found with illegal possession of 22 pouches of 330 packets of banned tobacco products in her shop. Hence, the

case.

3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been falsely implicated in this case and that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner was found with illegal possession of banned tobacco products in her shop and that there are four previous cases pending as against the petitioner. The petitioner was arrayed as accused based on the confession of co-accused. However, vehemently opposed to grant Anticipatory Bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, nature of offence, though there are four cases pending as against the petitioner, in all cases, already bail was granted to her, even according to the prosecution, based on of the confession of co-accused, the petitioner was arrayed as accused, this Court is 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 learned Judicial Magistrate, Tittagudi 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; [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] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

14-05-2026 dhk Index:Yes/No

Speaking/Non-speaking order Internet:Yes 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 Inspector of Police 28/2, Main road, Pennadam,R.S.Post,Thittagudi Taluk,CuddaloreThe Inspector of Police Pennadam Police Station, Cuddalore District. Crime No. 307 of 2025 2.The Judicial Magistrate, Tittagudi 3.The Public Prosecutor, Madras High Court

P.DHANABAL J.

dhk CRL OP No. 12675 of 14-05-2026