Tamim v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Tamim S/o. Kulam Mugamath, No. 23, Gingee Road, Chetpet, Chetpet Taluk, Tiruvannamalai District ..Petitioner(s) Vs The State Rep. by, Inspector of Police, Valathy Police Station, Villupuram District.
(Crime No. 70 of 2026) ..Respondent(s) PRAYER : To enlarge the Petitioner on bail in the event of his arrest in Crime No. 70 of 2026, on the file of the Respondent Police and thus render justice. For Petitioner(s):
Mr.T. Maha Vishnu For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 274, 275 of BNS Act, 2023 and 24(1) of COTPA Act, 2003 in connection with the case in Crime No.70 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was riding the bike bearing Registration No. TN 25 BC 9084 and found in possession of Hans Tobacco (20 Grams) - 57 Nos and Cool Lip (12.6 Grams) - 34 Nos. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and further submitted that, apart from this case, the petitioner has no other previous case, the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations, quantity of tobacco products involved in this case, the fact though the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioner is are 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, Gingee 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 daily at 10.00 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[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 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
14-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB 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, Gingee 2.The Inspector of Police, Valathy Police Station, Villupuram District.
(Crime No. 70 of 2026) 3.The Public Prosecutor, High Court, Madras.
P.DHANABAL, J.
MTL/SSB 14-05-2026