Javagar v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Javagar S/o.Manimaran, No.253 M R Garden, Arumuga Goundanur, Perur Chettipalayam, Coimbatore District.

Petitioner(s) Vs The State Rep by, The Inspector of Police, Veppanapalli Police Station, Krishnagiri District.

Crime No.165/2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section BNSS to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.165 of 2025 pending on the file of the respondent police. For Petitioner : Mr.C.R.Gokulvisvas For Respondent :

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 275, 123 of BNS and 7(2), 20(1) of Cigarette and Other Tobacco Products Acts 2003 in Crime No.165 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.06.2025, the petitioner was found in illegal possession of 150 Kgs. of banned tobacco products worth of Rs.60,000/-. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. On instructions, he further submitted that without prejudice to his right and contentions, the petitioner is prepared to deposit/pay some considerable amount as may be directed by this court and prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent police raised objections to the grant of anticipatory bail to the petitioner by stating that the petitioner is the sole accused in this case. On the

date of occurrence, the petitioner was found in illegal possession of 150 Kgs. of banned tobacco products worth of Rs.60,000/-. However, he submitted that there is no previous case against the petitioner.

5. Considering the above facts and circumstances of the case and also of the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Krishnagiri, on condition that the petitioner shall deposit a sum of Rs.60,000/- (Rupees Sixty Thousand only) as non-refundable deposit to the credit of registered Advocate Clerks Association, Coimbatore, within a period of two weeks from the date on which the order copy made ready and the petitioner shall also 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 condition 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.

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of twelve weeks and thereafter, as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate No.II Krishnagiri

2. The Inspector of Police, Veppanapalli Police Station, Krishnagiri District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 11-09-2025