Ramar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ramar S/o.Karmegam ... Petitioner/ Accused No.2 Vs State of Tamil Nadu Rep.by, The Inspector of Police, Kariyapatti Police Station, Viruthunagar District.

(Crime No.114 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ayyanar Prem Kumar Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.114 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 of BNS, 2023 r/w 24(1) of Cigarette and other Tobacco Products Act, in Crime No.114 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.05.2025, the petitioner's wife / Accused No.1 was arrested by the respondent police for possession and selling the prohibited tobacco products and seized 42 packets of Ganesh tobacco Product and 6 coolip packets from her and on seeing the police official, the petitioner/Accused No.2 fled away from the place of occurrence. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he seeks anticipatory bail.

4.The learned Government Advocate (Criminal Side) would submit that the tobacco products worth about Rs.6,288/- have been recovered and no previous 2/6

case is pending against the petitioner. He would further submit that the co-accused was already arrested and released on bail.

5. Considering the facts and circumstances of the case, and considering the fact that the banned Tobacco products have been recovered and no previous case is pending against the petitioner, and also considering the fact that the co-accused has already been released on bail, this Court is inclined to enlarge the petitioner on anticipatory bail.

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 learned District Munsif-cum-Judicial Magistrate, Kariapatti, Viruthunagar, 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 District Munsif-cum-Judicial Magistrate, Kariapatti, Viruthunagar, 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 3/6

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 furnish his residential address and mobile number to the learned District Munsif-cum-Judicial Magistrate, Kariapatti, Viruthunagar. In the event of any change in his residential address, the petitioner shall report the same to the learned District Munsif-cum-Judicial Magistrate, Kariapatti, Viruthunagar;

(c) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 as Non-refundable deposit and on such deposit being made, the learned District Munsif-cum-Judicial Magistrate, Kariapatti, Viruthunagar, shall accept the sureties furnished by the petitioner; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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 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/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1.THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, 5/6

KARIAPATTI, VIRUTHUNAGAR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

COPY TO THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-6133[I] dated 10/06/2025 )

ORDER

IN CRL OP(MD) No.9122 of 2025 Date :10/06/2025 HPS/19.06.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6