P.Khadar @ Khadar Khan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN P.Khadar @ Khadar Khan C/o.Piyaru, No.5, Mohammed Bagar Sayub Street, Vellore, Vellore District.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Vellore North Police Station, Vellore District.

Crime No.171/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Cr.No.171 of 2026 on the file of the respondent.

For Petitioner(s):

Mr.V.Madhavan For Respondent(s):

M/s.R.S.Indira, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 BNS Act r/w 6(a), 24(i) COTPA Act 2003, in Crime No.171 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that he was found in illegal possession of 2 kgs of banned tobacco products in his petty shop, and based on the same, the present case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous case has been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Considering the nature of the allegations, the quantity involved, and the fact that the petitioner has no bad antecedents, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this

Court is inclined to enlarge the petitioner on anticipatory bail, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court No.4, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 fails 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 shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(d) 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

08-06-2026 DRL To 1.The Judicial Magistrate Court No.4, Vellore District.

2.The Inspector of Police Vellore North Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 08-06-2026