S.M.Siva Kumar v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
1. S.M.Siva Kumar
2. Joseph Jayaraj ... Petitioners Vs.
State rep by The Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District.
(Cr.No.278 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police in Cr.No.278 of 2025 on the file of the Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District. For Petitioners : Mr.S.P.Harikrishnan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences under Sections 271, 27, 123 of BNS and Sections 7 and 1/6
20(2) of COTPA Act in Cr.No.278 of 2025 on the file of the respondent, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were found in possession of the 15 kgs of banned tobacco products. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further, on instruction, submitted that without prejudice to defence, the petitioners are prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prayed for grant of anticipatory bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case against the petitioners and based on the confession of A1 that the A3 has purchased the banned tobacco product and the same was given to A1, A2 and A4, for selling the same to the local public for their personal gain. Hence, he opposed for granting anticipatory bail to the petitioners. 2/6
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioners are not required, this Court is inclined to grant anticipatory bail to the petitioners with 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 made ready, before the learned Judicial Magistrate Sirkazhi, on condition that each of the petitioners shall execute separate bonds 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 condition that:
[a] The petitioners shall deposit a sum of Rs.25,000/- each (Non refundable) towards the account of Advocate Clerk's Association, Ponneri: Account No.717907005, 3/6
Kancheepuram Central Co-op Bank Ltd., Ponneri-601 204, Thiruvallur District : IFSC Code: TNSC0010200 and to produce the Bank Challan before the Judicial Magistrate Court, Sirkazhi and the receipt shall be produced at the time of executing the bond; [b] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[c] 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 the identity proofs to ensure their identity; [d] the petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required; [e] the petitioners shall not abscond either during investigation or trial and they shall make themselves available for interrogation by a Police Officer as and when required; [f] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
[g] the petitioners to give an undertaking that if required for being identified by witnesses during investigation 4/6
or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitionerd released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.07.2025 Vv To
1. The Judicial Magistrate, Sirkazhi
2. The Inspector of Police, Sirkazhi Police Station,Mayiladuthurai District. 3.The Public Prosecutor,High Court of Madras. 5/6
M.NIRMAL KUMAR, J.
Vv 30.07.2025 6/6