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Madras High CourtCRL OP/35506/2025granted

Sridhar v. State Rep.By, The Inspector Of Police,

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Sridhar S/o.Govindaraj, Ariyapathirapillai Street, Velipalaiyam, Nagapattinam District.

Petitioner(s) Vs State represented by, The Inspector of Police, Nagapattinam Police Station, Nagapattinam District.

Crime No.483 of 2025 Respondent(s) Criminal Original Petition filed under Section 482 of B.N.S.S. to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.483 of 2025 pending on the file of the respondent.

For Petitioner(s):

Mr.P.Muthamizh Selvakumar For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1 / 6

ORDER

The petitioner/accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 275 and 123 of B.N.S. r/w Sections 6 and 24(1) of the Cigarette and Other Tobacco Products Act, 2003 r/w Sections 52 and 59 of Forest Safety and Standards Act, 2006 in connection with the Crime No.483 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner is the owner of the vehicle Honda Activa (red color), in which, 100 packets of hans were found; however, the driver of the vehicle escaped. Hence the case. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the vehicle and he has not driven the vehicle. He would further submit that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any offence as alleged in the FIR. Hence, he prayed anticipatory bail for the petitioner. 4.

The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner is the owner of the vehicle Honda Activa (red color), in which, 100 packets of hans were found and the driver of the vehicle was arrested and remanded in judicial custody. He would 2 / 6

further submit that the petitioner has some previous cases of similar in nature and thereby, he strongly opposed to grant bail to the petitioner. 5.

Heard both sides and perused the materials available on record. 6.

Considering the rival submissions on either side, considering the nature of offences and quantity involved in this case, though the petitioner has some previous cases, in all of the cases, he has been released on bail and considering all others factors, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions. 7.

Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Nagapattinam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner and 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; 3 / 6

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation;

[c] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer; [d] the petitioner shall not leave India without the previous permission of the Court;

[e] the petitioner shall not abscond either during investigation or trial; [f] 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 [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

30-12-2025 nsd Index:Yes/No Speaking/Non-speaking order 4 / 6

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.I, Nagapattinam. 2.The Inspector of Police, Nagapattinam Police Station, Nagapattinam District. Crime No.483 of 2025 3.The Public Prosecutor, High Court of Madras.

5 / 6

P.DHANABAL, J.

nsd CRL OP No. 35506 of 2025 30-12-2025 6 / 6