K. Abdul Mailk v. State Of Tamilnadu Rep By Inspector Of Police, Avaniyapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL K.Abdul Malik

...Petitioner/Accused No.3

Vs State of Tamil Nadu rep. by The Inspector of Police, Avaniyapuram Police Station, Madurai City.

(Crime No.259 of 2026) ..Respondent For Petitioners :Mr.P.Kottaichamy For Respondent :Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.259 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent for the offences punishable under Section 24(1) of Cigarettes and Other Tobacoo Products (Prohibition of Advertisement and Regulation of Trade and Commere, Production, Supply and Distribution) Act, 2003 and Section 123 of BNS, 2023, in Crime No.259 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, based on the secret information, the respondent Police conducted vehicle check up, at that time, they found that the petitioner and other accused persons were in illegal possession of tobacco products. 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. He would further submit that based on the confession of the co-accused, he has been arrayed as accused. 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 still pending and the offences are grave in nature and the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the petitioner has no previous cases and based on the confession of the co-accused, the petitioner has been arrayed as accused 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 No.VI, Madurai, on condition that the petitioner shall execute a bond for a sum 4/8

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 once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for 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 5/8

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 B.N.S.

(P D B J) 15.06.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.VI, Madurai. 2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

3.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. 11077 of 2026 Date : 15.06.2026 8/8