Riyastheen @ Riyas v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Riyastheen @ Riyas S/o.Jayanulaptheen, No.27/22, Marichettikulakarai, Tindivanam, Villupuram - 604001.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police Tindivanam Police Station, Villupuram District. Crime No. 310/2025.

Respondent(s) PRAYER To grant Anticipatory Bail to the petitioner in the event of his arrest or on his apperance before any court in connection with the case in Crime No. 310 of 2025 pending investigation on the file of the Respondent Police. For Petitioner(s):

Ponraj K D.Venkatesan

For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 112, 123, 274, 275 of BNS Act r/w. Section 24(1) of COTPA, 2003 in Crime No.310 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that during a secret search by the respondent police and their team, the petitioner was found in possession of 20 grams of Hans, contained in 15 pouches of 4 packets and 10 hans pockets totaling 70 hans pockets worth Rs.5,000/-. 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 that the petitioner was found in illegal possession of banned tobacco products illegally worth about Rs.5,000/-. He further submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering that there are no previous cases pending against the petitioner and the fact that quantity involved is small and same is also recovered, 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, Tindivanam, 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 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.

25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-I, Tindivanam.

2.The State Rep by, The Inspector of Police Tindivanam Police Station, Villupuram District. Crime No. 310/2025.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26446 of 25-09-2025