Ganesan v. State Of Tamilnadu Rep By Inspector Of Police, Rajapalayam South

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7761 of 2026 Ganesan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Rajapalayam Police Station, Virudhunagar District.

(Crime No.190 of 2026)

...Respondents/Complainant

For Petitioner : Mr.V.M.Jegadeesha Pandian Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 190 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 123 of BNS r/w. Section 6(b) and 24(1) of COTPA, in Crime No.190 of 2026, on the file of the respondent police, seeks 1/5

anticipatory bail.

2. The case of the prosecution is that on 27.03.2026 at about 12.20 hours, on secret information, the respondent police intercepted a two wheeler, and found that the petitioner along with other accused found in possession of 18.62 kgs. of banned Tobacco products. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. There is no recovery made from this petitioner. Co-accused was granted bail. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. side) submits that the offences are grave in nature. The accused persons are in possession of banned tobacco products. The petitioner has five previous cases, similar in nature. He opposed the grant of anticipatory bail to the petitioner. Investigation is still pending.

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 petitioner, considering the contraband involved, this petitioner is arrayed as accused only on the basis of the co-accused, and the co-accused was already released on bail, though the petitioner has five previous case, in all those cases, he was granted bail and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam, Virudhunagar District, and on further conditions that:

[b] the petitioner shall report before the Inspector of police, Sivakasi Police Station, daily at 10.30 a.m., for a period of thirty days, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offences of similar nature.

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

or trial.

[e] the petitioner 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 21.04.2026 TM To 1.The Judicial Magistrate, Rajapalayam, Virudhunagar District. 2.The Inspector of Police, Rajapalayam Police Station, Virudhunagar District.

(Crime No.190 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. 7761 of 2026 Date : 21.04.2026 5/5