Rajakkannu v. State Of Tamilnadu Rep By Inspector Of Police, Mimisal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Rajakkannu, S/o.Arputham ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Mimisal Police Station, Pudukkottai District.

(Crime No.48 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Rajamanickam, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.48 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under section 123 of BNS, 2023 r/w. Sections 6(a) and 24

(1) of COTPA Act in Crime No.48 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused were found in illegal possession of 11 Kg of banned tobacco products. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner/A1 is the owner of the shop. A2, who is the employee of the shop, indulged in the sale of the said tobacco products without the knowledge of the petitioner/A1. The petitioner is an innocent person, and is no way connected with the alleged occurrence as stated by the prosecution. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that there are two accused persons in this case and the petitioner has been arrayed as A1. A2 was arrested and subsequently released on bail by the lower Court. The entire properties have been recovered. The seized tobacco products are valued at Rs.4,400/-. He further submits that there are three previous cases against the petitioner. Hence, he 2/6

opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that the co-accused has been arrested and released on bail, and that the entire properties have been recovered, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, 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 Court, Manamelkudi, Pudukkottai, 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 Judicial Magistrate Court, Manamelkudi, Pudukkottai, 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 deposit a sum of Rs.7,500/- (Rupees Seven 3/6

Thousand and Five Hundred only) to the credit of M.S.Chellamuthu Trust and Research Foundation, Current Account No.11194450660, IFSC Code No.SBIN0001479, MICR No.625002006 in the State Bank of India, Vinayaganagar Branch No.8, Dr.Ambedkar Road, Madurai - 20 as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Manamelkudi, Pudukkottai shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Manamelkudi, Pudukkottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Manamelkudi, Pudukkottai; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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 4/6

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 17/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE COURT, MANAMELKUDI, PUDUKKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDUKKOTTAI DISTRICT 4 M.S.CHELLAMUTHU TRUST AND RESEARCH FOUNDATION, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to S.RAJAMANICKAM Advocate SR.No.6399 (I) DT.17/06/2025

ORDER

IN CRL OP(MD) No.8769 of 2025 Date :17/06/2025 NM/02.07.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6