Kaalidoss v. State Of Tamilnadu Rep By Inspector Of Police, Sengipatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The HONOURABLE MR. JUSTICE P.VADAMALAI Kaalidoss ... Petitioner Vs State of Tamil Nadu rep. By, The Inspector of Police, Sengippatti Police Station, Thanjavur District.

(Crime No.70 of 2025) ... Respondent For Petitioner : Mr.C.Suresh Kannan For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.70 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 123 of Bharatiya Nyaya Sanhita, 2023 r/w. Section 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.70 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was in possession of 150 kg of tobacco products worth about Rs.84,000/-. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submits that he has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.) appearing for the respondent submits that the offence is serious in nature and he fairly submits that there is no previous case as against the petitioner.

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5.Considering the fact that there is no previous case as against the petitioner, 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 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 Judicial Magistrate No.III, Thanjavur, 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 make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Siddha Clinic, Madurai Bench of Madras High Court (A/c No.

6865578213, Indian Bank, Madurai Bench of Madras High Court), and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner.

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[c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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 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 of BNS 2023.

sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, SENGIPATTI, SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, SIDDHA CLINIC, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8782 of 2025 Date :21/05/2025 SS/SAR- /29/05/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5