A Vijay v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL A Vijay ... Petitioner/Accused No.2 Vs The State of Tamil Nadu Rep By, The Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District.
Cr.No.82 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.82 of 2026 on the file of the respondent police.
For Petitioner : S.Selvakumar, Advocate.
For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the 1/6
respondent for the offences punishable under Sections 123 of BNS, 2023, and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.82 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 19.06.2026, when the respondent police were in surveillance near Gas Company, Parapathi Village, they noticed one person (A1) standing in that place in a suspicious manner. On seeing the police party, he tried to escape from the scene of the occurrence. However, he nabbed him, and on search, he was found in illegal possession of 701 premium tobacco packets. Based on the confession of A1, the petitioner herein was arrayed as an accused. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that no recovery was made from the petitioner and no previous case is pending against the petitioner. Hence, he prays to grant 2/6
anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the accused was found in illegal possession of 701 premium tobacco packets and the investigation is still pending. He would further submit that no previous case is pending against the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and the quantity involved in this case and no material was recovered from the petitioner and the entire recovery was made from A1 and based on the confession of A1, the petitioner was arrayed as an accused and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] 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 3/6
order copy made ready, before the learned Judicial Magistrate, Thirumangalam, 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 learned Judicial Magistrate concerned and on further conditions that:
[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with 4/6
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 B.N.S.
04.06.2026 dss To 1.The Judicial Magistrate, Thirumangalam.
2.The Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
P. DHANABAL,J dss
ORDER
IN CRL OP(MD) No.9841 of 2026 Date : 04/06/2026 6/6