Prabhudass v. State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Prabudass ... Petitioner Vs.
The State represented by, The Inspector of Police, B6-Magaral Police Station, Kancheepuram.
(Crime No.114 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest at the hands of the respondent Police pending investigation in Crime No.114 of 2025 on the file of respondent Police. For Petitioner :
Mr.Santhosh Kumar For Respondent :
Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
O R D E R
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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 274, 275 and 123 of BNS Act, 2023, read with Section 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.114 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. According to the prosecution, 16 pockets of banned tobacco products (each 20 gms) were seized from the provisional stores of A1. On the confession given by A1, the petitioner is suspected to be the supplier of the banned tobacco products and the petitioner is still absconding.
3. The learned counsel appearing for the petitioner submits that there is no specific allegation made against the petitioner in FIR and merely based on the confession given by the co-accused, the petitioner is suspected for supply of seized tobacco products. The learned counsel further submits that he is an innocent person and is ready to abide by any condition. 2/6
4. Heard the learned counsels and perused the materials available on record.
5. Considering the submissions made by the learned counsel appearing on either sides, this Court is inclined to grant anticipatory bail to the petitioner with conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 02.09.2025 before the learned Judicial Magistrate-II, Kancheepuram, on condition that the petitioner shall 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 and on further condition that:
[a] the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime No.114 of 2025 on the file of the Judicial MagistrateII, Kancheepuram, on or before 02.09.2025; [b] if the petitioner fails to surrender before the concerned Magistrate on or before 02.09.2025, this Order shall stand automatically cancelled;
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[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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20.08.2025 ssb To 1.The Judicial Magistrate-II, Kancheepuram.
2.The Inspector of Police, B6-Magaral Police Station, Kancheepuram.
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3.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
ssb 20.08.2025 6/6