M.Pandiyaraj @ Pandi @ Thikkuvai Pandi v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Pandiyaraj @ Pandi @ Thikkuvai Pandi ..Petitioner(s) Vs State Rep by, The Inspector of police M-1,Madhavaram Police Station, Chennai.
..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioner an anticipatory bail in the event of his arrest in crime no.not known on the file of the respondent Police. For Petitioner(s):
Mr.G.Mohana Krishnan For Respondent(s):
M/s.R.S.Indira Government Advocate (Criminal side)
ORDER
The petitioner apprehends arrest for the alleged offences under Sections 6B, 24 (1) of Cigarettes and Other Tobacco Products Act, 2003, Section 123 of BNS and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.381 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 13.500 kg of banned tobacco products. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are approximately six accused persons in this case and that the petitioner has been arrayed as A6. He further submitted that A1 to A4 have already been remanded to judicial custody. Upon instructions, he submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to make a non-refundable deposit of Rs.25,000/- to any welfare scheme run by the Government or any Governmental Organisations. Hence, he prays for grant of anticipatory bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent.
7.Considering the submissions of the learned Government Advocate (Criminal Side) that there are no adverse antecedents against the petitioner and also taking note of the fact that the petitioner has voluntarily come forward to deposit an amount of Rs.25,000/- to the credit of any Governmental Organization without prejudice to his defence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate Court, Madhavaram, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner 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 petitioner/accused is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) as nonrefundable deposit in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai;
(d) The petitioner shall report before the respondent Police, daily at 10.30 a.m. 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner 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 Court, Madhavaram, Chennai.
2.The Inspector of police M-1,Madhavaram Police Station, Chennai.
3.The Public Prosecutor High Court of Madras.
4.The Dean, Rajiv Gandhi Government General Hospital, Chennai.
C.KUMARAPPAN, J.
EP 10-06-2026