Chandhirasekaran Alias Chandirasekarn v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Chandhirasekaran @ Chandirasekarn Petitioner(s) Vs State By, The Inspector of Police, Kezhkuppam Police Station, Kallakurichi District, Crime No. 204 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on Bail in the event of Arrest in Crime No. 204 of 2025, on the file of the Inspector of Police, Kezhkuppam Police Station, Kallakurichi District. For Petitioner(s):

Mr.S.Silambu Selvan For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 123 of BNS 2023 (U/s 328 of IPC), r/w Section 24(i) of Cigarette and other Tobacco Products Act 2003, in Cr.No.204 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 15 pockets of HANS CHAP Tobacco (each contains 20 grams) in his petty shop for sale. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that only on confession of A1, the petitioner has been arrayed as an accused; and that the petitioner has no previous case. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, per contra submitted that the petitioner was found to be in illegal possession 15 pockets of HANS CHAP Tobacco (each contains 20 grams) and

there is no previous cases pending against this petitioner, hence, he opposed for granting anticipatory bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the quantity of contraband seized from the petitioner; that there is no previous case against the petitioner; this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District Munsiff Cum Judicial Magistrate, Chinna Salem, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) 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; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 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 Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28-10-2025 gbi

To 1.State By, The Inspector of Police, Kezhkuppam Police Station, Kallakurichi District, Crime No. 204 of 2025 2.The District Munsiff Cum Judicial Magistrate, Chinna Salem.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29219 of 28-10-2025