Aruchunaiselvan @ S. Arunjunaiselvam v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Aruchunaiselvan @ S. Arunjunaiselvam ... Petitioner Vs State Rep by, The Inspector of Police, Kaveripakkam Police Station, Ranipet District. (Crime No. 273/2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of their arrest in connection with Crime No.273 of 2025 on the file of respondent Police. For Petitioner :
Mr.D.Ilayaraja 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 6(b) & 24(1) of COTP Act read with Sections 123 & 287 of BNS (Sections 328 & 287 of IPC) in Crime No.273 of 2025 on the file of respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 13.07.2025, the petitioner and other had possessed banned tobacco products viz. Hans (180 packets/total 3.600 grams), 6 bundles of Cool lip (48 packets/600 grams). They also possessed 10 liters of petrol for sale. 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 for the grant of anticipatory bail to the petitioner by stating that there are totally two accused in this case. A1 was already arrested and the petitioner has been arrayed as A2. The value of the tobacco products involved in this case is Rs.30,200/-.
5. Considering the above facts and circumstances of the case, 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.1, Walajah, on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit to the credit of the registered Advocate Clerks Association, Ranipet, 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 a period of eight weeks and thereafter, as and when required for interrogation. [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.I, Walajah
2. The Inspector of Police, Kaveripakkam Police Station, Ranipet District.
3. The Public Prosecutor High Court of Madras, Chennai
T.V.THAMILSELVI J.
ksa-2 11/09/2025