Mohammed Abdulla v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Mohammed Abdulla S/o.Mohammed Kasim, No.10, Muthu Kovil Street, Vellampalayam, TiruppurDistrict. Petitioner(s) Vs
1. State Rep by, Inspector of Police, Sethiyathope Police Station, Cuddalore - District, Crime No.21 of 2025 Respondent(s) PRAYER To enlarge the petitioner in the event of arrest in connection with the crime no.21 of 2025, pending investigation on the file of the respondent police and pass such other orders and thus renders justice. For Petitioner(s):
K.Muruganandham T.Meganathan For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 275 and 123 of BNS r/w. 24(1) of Cigarette and other Tobacco Products Act in Crime No.21 of 2025, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that based on secret information, the respondent police conducted a regular check up, the petitioner along with other accused was found in illegal possession of 40 grams of tobacco products. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays to grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported the petitioner is a co-accused and 40 grams of tobacco products was recovered from the arrested accused. He further submitted
that there are 5 previous cases pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the fact that a small quantity of 40 grams of tobacco products was recovered, and that too from the main accused, and that the petitioner has been implicated in this case based on a confession statement, I am 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 (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateI, Chidambaram on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioner fails to surrender before the concerned 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-I, Chidambaram.
2.State Rep by, Inspector of Police, Sethiyathope Police Station, Cuddalore - District, Crime No.21 of 2025 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 22549 of 25-09-2025