Ramesh v. State, Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Ramesh S/o.Sundaramurthi, No. 40, Big Street, Seeshamangalam, Salvedu, Vandavasi, Tiruvannamalai District.

Petitioner(s) Vs

1. State, rep by, The Sub Inspector of Police, Achiraipakkam Police Station, Chengalpattu District. Crime No.273 of Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 273 of 2025 on the file of the Respondent Police and thus rendering justice.

For Petitioner(s):

Tamilselvan A For Respondent(s):

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

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 274, 275, and 123 of BNS read with section 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No. 273 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is involved in the transportation and sale of 43.75 KGs of banned tobacco products. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the contraband is seized from A1 and the petitioner is not having any previous case and has been implicated as an accused on the basis of confession recorded from A1. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is ranked as A2 and he is the supplier of the contraband to A1. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the petitioner is not having any previous case and the property is also recovered, and also considering the quantity involved in

this case, 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 MagistrateII, Maduranthakam, 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 learned Magistrate concerned, and on further condition:

(a) If the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

06-11-2025 mpa To 1.The Judicial Magistrate-II, Maduranthakam.

2.State, rep by, The Sub Inspector of Police, Achiraipakkam Police Station, Chengalpattu District. Crime No.273 of 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30258 of 06-11-2025