Rasiya Begam v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Rasiya Begam ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep.,By, The Inspector of Police, Thillai Nagar Police Station, Trichy City.

(Crime No. 109 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 109 of 2026 on the file of the respondent police...

For Petitioner : K. M.Karunakaran Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (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, 2023, and 24(1) of Cigarette & Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, in Crime No.109 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.06.2026 at about 10.00 hours, on receipt of secret information, the respondent police conducted raid near Chinnasamy Nagar, Thennur and found that A1 was found in illegal possession of banned tobacco products worth about Rs.41,890/- without proper license. 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 he is no way connected in the above said incident. He would further submit that no recovery was made from this petitioner and only based on the confession of the co-accused, he was arrayed as an accused. Hence, he prays to grant anticipatory bail to the petitioner. 2/6

4. The learned Counsel For State of TN (Crl. Side) would submit that the offence committed by the accused is grave in nature and the investigation is still pending and the petitioner has 3 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 no recovery was made from this petitioner and only based on the confession statement given by the co-accused, he was arrayed as an accused and though the prosecution stated that the petitioner has 3 previous case, in those cases, he was already 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 3/6

order copy made ready, before the learned Judicial Magistrate No.4, Trichy, 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.

25.06.2026 dss To 1.The Judicial Magistrate No.4, Trichy.

2.The Inspector of Police, Thillai Nagar Police Station, Trichy City 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.12420 of 2026 Date : 25/06/2026 6/6