Vinayagam v. State Of Tamilnadu Rep By Inspector Of Police, Pandhanallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6307 of 2026 1.Vinayagam 2.G.Karthik ... petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

(Crime No.78 of 2026)

...Respondents/Complainant

For petitioners : Ms.Muthulakshmi Advocate.

For Respondent : Mr.M.Karunanidhi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 78 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent for the offences punishable under Section 123 of BNS and Sections 6 and 24(1) of 1/5

COTPA Act, 2003, in Crime No.78 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.02.2026 at 20.00 hours, the petitioners are having possession of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. The contraband were recovered from other accused. Based on the confession made by the co-accused the petitioners have been implicated in t his case. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) fairly submits that the petitioners have no previous case except the cases registered on the same day. He would further submit that the contraband were recovered from other accused. However, he opposes to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, co-accused have been released on bail and on their confession the petitioners were implicated in this case and the petitioners have no previous case except the cases registered on the same day, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District and on further conditions that:

[b] the petitioners shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks, thereafter, as and when required for further interrogation:

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation 3/5

or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 30.03.2026 TM To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

(Crime No.78 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6307 of 2026 Date : 30.03.2026 5/5