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Madras High CourtCRL OP/26580/2025granted

T.Punniyakotti v. The State Represented By, The Inspector Of Police,

2025-09-26Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. T.Punniyakotti S/o.Thanikachalam, No. 388, Thambarapalayam merku, Sennasamuthiram, chengam Taluk, Thiruvannamalai District.

Petitioner(s) Vs

1. The State Represented by, The Inspector of Police, Melchangam Police Station, Thiruvanamalai District, (Crime No.

237 of 2025) Respondent(s) PRAYER To enlarge the Petitioners/Accused on Anticipatory Bail in the event of his arrest in Crime No. 237 of 2025 pending investigation on file of the Respondent Police and thus render justice.

For Petitioner(s):

M Sarathkumar J.Mathi

For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 275, 123 and 62 of BNS Act and section 6(b), 24(1) of COTPA Act 2003 in Crime No.237 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused was found in possession of 143 kgs of banned Tobacco Products illegally worth about Rs.93,000/-. Hence the compliant.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide with any conditions that may be imposed by this Court, and therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) submitted that there are totally five accused involved in this case, in which the petitioner is arrayed as A4 and identified as the supplier. He further submit that the petitioner along with other accused was found in possession of 143 kgs of banned Tobacco Products illegally worth about Rs.93,000/-. He would further submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and antecedents, 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Chengam, Thiruvanamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 three 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.

26-09-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Judicial Magistrate, Chengam, Thiruvanamalai District. 2.The State Represented by, The Inspector of Police, Melchangam Police Station, Thiruvanamalai District, (Crime No.

237 of 2025) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26580 of 26-09-2025