Dinesh v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 30156 of 2025 Dinesh

...Petitioner

Vs The State rep. by The Inspector of Police Katpadi Police Station Vellore District Crime No. 400 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 his arrest pending investigation in Crime No. 400 of 2025 on the file of the respondent police.

For Petitioner : Mr.Saravanan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7(5), 20(2) of COTPA Act, r/w Section 123 of BNS, Act, 2023 in Crime No. 400 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/4

2.The allegation against the petitioner is that the petitioner joined hands with two other accused involved illegally transported 334 kilo grams of banned tobacco products from Bangalore to Tamil Nadu using Hyundai Car bearing Registration No.TN-13-Q-0743 to sell the same in a general public. While the police party on patrol duty intercepted them and recovered the same. Hence the case.

3.The learned Counsel appearing for the petitioner submits that he admits to the seizure of the Hyundai Car in the name of the petitioner, he was not aware that the contraband being transported in the vehicle. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the car was seized from A1 and A2. He further submits that the huge quantity of contraband involved in this case value worth about Rs.1,26,576/- and the petitioner has no previous case. He further submits that the investigation is 2/4

pending. However, he opposed for grant of anticipatory bail to the petitioner.

5.I have also gone through the FIR and other connected records which reveals that the vehicle was used for transporting the banned tobacco products and the vehicle belongs to the de-facto complainant and further this petitioner has also actively participated in the transport banned tobacco products. Hence, I am not inclined to grant anticipatory bail to the petitioner. If the anticipatory bail is granted to the petitioner, he would indulge in similar offences in future.

6.Accordingly, this Criminal Original Petition is dismissed. 05.11.2025 MSM To 1.The Inspector of Police Katpadi Police Station Vellore District Crime No. 400 of 2025.

2. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM CRL OP NO. 30156 of 2025 05.11.2025 4/4