Kishore @ Mahender Kumawat v. The 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 Kishore @ Mahender Kumawat S/o.Mangilalji, No. 1 Madurantakam Road, Saravanabakam Village, Chithamoor Post, Madurantakam Taluk, Chengalpattu District.

..Petitioner(s) Vs The State Rep by The Inspector of Police Chunambedu Police Station, Chengalpattu District.

Crime No.272 of 2025 ..Respondent(s) To enlarge the petitioner on bail in the event of arrest on connection with Crime No. 272/2025 pending investigation on the file of respondent police.

For Petitioner :

Mr.S.Sri Karthik For Respondent :

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

ORDER

The petitioner / Accused-3, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 123 of B.N.S. read with Section 24(a) of COTPA Act, seeks anticipatory bail.

2. The case of the prosecution is that on 25.09.2025, based on secret information, the respondent police intercepted the shop of A1 and found 42.52 kgs of banned tobacco products, valued at about Rs.63,680/-. Hence, the complaint.

3. Learned counsel for the petitioner would contend that the petitioner is an innocent and he has been implicated, only based on the confession of the coaccused. As the custodial interrogation is not required in this case, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, submitted that the respondent police had seized the entire contraband products. It is also submitted that this is fifth anticipatory bail application and the petitioner has one previous case of similar nature. It is further submitted that the co-accused have been released on bail.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the trivial nature of the offence and the quantity of the contraband and taking into account the facts that the respondent police have

seized the entire contraband products, and that the petitioner has been implicated solely on the basis of the confession of the co-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 District Munsif cum Judicial Magistrate, Cheyyur, Chengalpattu 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. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., for 30 days and thereafter, as and when required for interrogation by the respondent police.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[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.

14-05-2026 nl Index: Yes/No Speaking/Non-speaking order 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 District Munsif cum Judicial Magistrate, Cheyyur, Chengalpattu 2.The Inspector of Police Chunambedu Police Station, Chengalpattu District.

3.The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

nl 14-05-2026