Prasath v. State Of Tamilnadu Rep By Inspector Of Police, Patteeswaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Prasath ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Patteeswaram, Police Station, Thanjavur District.

Crime No. 143/2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.143/2026 on the file of the Respondent Police.

For Petitioner : S. Punniyamoorthy, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 275, 123 of BNS r/w 7(1), 24(2) of Cigarette and Tobacco Products Act, 1957, in Crime No.143 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.04.2026, on secret information, the respondent police went to the place of occurrence and found that the accused were found in possession of 548 kg of banned tobacco product valued at about Rs.1 lakh. 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 the co-accused was already released on anticipatory bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit 2/6

that the accused were found in possession of 548 kg of banned tobacco product valued at about Rs.1 lakh and the investigation is still pending and the petitioner has 2 previous cases similar in nature. Hence, he opposes to grant anticipatory bail to 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 the co-accused was already released on anticipatory bail and though the petitioner has 2 previous cases, in those cases, he was released on bail, 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 order copy made ready, before the learned Judicial Magistrate No.II, Kumbakonam Court, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- 3/6

(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 Thanjavur Taluk Police Station, daily at 10.30 a.m. for a period of 30 days, 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 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 4/6

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.

05.06.2026 dss To 1.The Judicial Magistrate No.II, Kumbakonam Court. 2.The Inspector of Police, Patteeswaram, Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.10280 of 2026 Date : 05/06/2026 6/6