Tarik Hussain @ Thareek Usain v. The State Of Tamilnadu Rep By The Inspector Of Police, Gudalur South

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Tarik Hussain @ Thareek Usain, S/o.Ajmal Khan, 44, Husaain Rowther Street, Gudalur Post, Uthamapalayam Taluk, Theni District..

... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep BY, The Inspector of Police, Gudalur South Police Station, Gudalur, Uthamapalayam Taluk, Theni District.

(Crime No.151 of 2026).

... Respondent/Complainant For Petitioner : Mr.K Guhan, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.151 of 2026 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 271 and 132 of BNS, 2023, r/w Section 6(b) and 24(1) of Cigarettes and Other Tobacco Products Act, (COTPA), in Crime No.151 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the respondent Police was on patrol duty and at that time, they found that the petitioners and other accused persons were in illegal possession 36 kgs of banned tobacco produced in the petty shop. Hence, the case.

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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Counsel for State of TN (Crl.

Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the petitioner has six previous cases, which are 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 3/7

against the petitioner and though the petitioner has six previous cases, in all cases, he was already released on bail and also considering the fact that the material part of the investigation might have been completed and tobacco products were seized and hence, 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, Uthamapalayam, 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 4/7

conditions that:

[b] the petitioner shall report before the Inspector of Police, Vathalagundu Police Station, Dindigul District, daily at 10.30 a.m., until furhter orders.

[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 5/7

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.

(P D B J) 12.06.2026 VSG TO 1.The learned Judicial Magistrate, Uthamapalayam. 2.The Inspector of Police, Vathalagundu Police Station, Dindigul District.

3.The Inspector of Police, Gudalur South Police Station, Gudalur, Uthamapalayam Taluk, Theni District.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.10982 of 2026 Date : 12/06/2026 7/7