Shekher Dubey v. The State Rep By The Inspector Of Pollice
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Shekher Dubey
2. Suja Ram ..Petitioner(s) Vs The State rep by The Inspector of Police Karimangalam Dharmapuri District, Crime No.273 of 2025 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail, in the event of his arrest in crime No.273 of 2025 on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District.
For Petitioner(s):
Mr.Vasudevan B For Respondent(s):
M/s.R.S.Indira Government Advocate (Criminal side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 123 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Section 24 (1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 in Crime No.273 of 2025, on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 1040 kg of banned tobacco products. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and had been falsely implicated in this case. He further stated that co-accused has been granted anticipatory bail by this Court on 13.05.2026 in Crl.O.P.No.12376 of 2026. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6.Considering the fact that the co-accused has already been released on anticipatory bail, and that the petitioners have no bad antecedents, this Court is inclined to extent parity to the petitioners as they stand on the same footing. At this juncture, the learned counsel for the petitioners has voluntarily come
forward to deposit an amount of Rs.1,00,000/- each to the credit of any Government Organization without prejudice to their defence, Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioners are directed to make a nonrefundable deposit of Rs.1,00,000/- [Rupees One Lakh Only]
each directly to the credit of "Tamil Nadu Advocate's Clerk's Association, Account No.484026006, Indian Bank High Court Branch, IFSC Code: IDIB000M157" within a period of two weeks without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond;
(d) The petitioners shall report before the respondent police daily at 10.30 am and 5.30 pm until further orders; (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(f) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
10-06-2026 ep
To 1.The District Munsif Cum Judicial Magistrate, Karimangalam, Dharmapuri District.
2.The Inspector of Police Karimangalam Dharmapuri District, 3.The Public Prosecutor High Court of Madras.
4.The Tamil Nadu Advocate's Clerk's Association, The High Court Campus, Chennai.
C.KUMARAPPAN, J.
EP 10-06-2026