S.Ravi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN S.Ravi ... Petitioner Vs State of Tamilnadu Rep. by The Inspector of Police, Parthibanur Police Station, Ramanathapuram District.

... Respondent For Petitioner : Mr.D.Senthil For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.60 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 123 of BNS, 24(1) of Cigarrate and other Tobacoo Products Act 2003, in Crime No.60 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that on 03.05.2025, when the police officials conducted a raid on 03.05.2025, they found a bag of tobacco products near Senthil Andavar Gracery Shop at Thaduthalankottai. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is not involved in any offence as alleged by the prosecution. He further submits that the petitioner is a retired Employee in Southern Railway. After retirement, he is running a small petty shop in his village and he is not dealing with any banned Tobacco products as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that on the date of occurrence, when the police officials were on surveillance, they found the petitioner in possession of 220 pockets of hans (ie. banned tobacco products). On seeing the police officials, the petitioner escaped from the scene of occurrence and recovered the banned tobacco products from the shop of the petitioner Hence, he opposed to grant anticipatory bail to the petitioner. However, he fairly submits that the petitioner is not having any previous case and there was no recovery from the petitioner.

5. Considering the nature of the allegations and also considering the fact that the petitioner is not having any previous case, this court is inclined to grant 2/4

anticipatory bail to the petitioner with certain conditions.

6. 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 days from the date on which the order copy made ready, before the Judicial Magistrate Court, Paramakudi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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. [b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[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 3/4

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy TO

1. The Judicial Magistrate Court, Paramakudi.

2. Do through the Chief Judicial Magistrate, Ramanathapuram.

3. The Inspector of Police,Parthibanur Police Station,Ramanathapuram District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.8370 of 2025 Date :08/05/2025 PP/27.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4