Chandru @ Chandhuru v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Chandru @ Chandhuru ... Petitioner Vs State of Tamilnadu, Rep. by the Inspector of Police, Kattupudhur Police Station, Trichy District.

... Respondent For Petitioner : Mr.R.Suriya For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.77 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 123 of Bharatiya Nyaya Sanhita r/w. Sections 6 and 24(1) of Cigarette and others Tobacco Products Act, in 1/4

Crime No.77 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons were found in possession of 812 kgs. of banned tobacco products in a car bearing Reg.No.TN48 BT 2046. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that based on the confession statement of the coaccused, the petitioner has been implicated in this case.

4. The learned Additional Public Prosecutor submits that the petitioner/A4 only supplied the banned tobacco products to A1 to A3. Therefore, the petitioner has been implicated in this case. He further submits that the petitioner is having three previous case, out of which, one case is of nature in nature. Therefore, he opposed to grant anticipatory bail to the petitioner. However, he fairly submits that A2 and A3 were arrested and subsequently, they have been released on bail.

5. Considering the nature of the allegations and also considering the fact that based on the confession statement of the co-accused, the petitioner has been implicated in this case and A2 and A3 have been released on bail, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in 2/4

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 learned District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirappalli, 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 law as if the conditions have been imposed and the petitioners released on bail by 3/4

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 District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirappalli.

2. Do through the Chief Judicial Magistrate,Tiruchirappalli.

3. The Inspector of Police,Kattupudhur Police Station, Trichy District.

4. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.R.SURIYA, Advocate ( SR-5350[I] dated 08/05/2025 ) ORDER IN CRL OP(MD) No.8451 of 2025 Date :08/05/2025 PP/27.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4