Kumaravel v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Kumaravel, S/o.Selladurai ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.296 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Manoj Kumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.296 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 275 and 123 of BNS, 2023 r/w. Sections 6 and 24(1) of Cigarette and Other Tobacco Products Act 2023, in Crime No.296 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that based on the secrete information, the respondent police have conducted search nearby Velakantham road, at that time, they found that the petitioner was in illegal possession of 12 kgs of banned tobacco products. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is in no way connected with the alleged occurrence as stated by the prosecution and has been falsely implicated in this case. He would further submit that the coaccused/A1 was arrested and released on bail by the learned Principal District and Sessions Judge, Trichy in Cr.M.P.No.2319 of 2025 , dated 30.06.2025. Hence, he prays for anticipatory bail for the petitioner.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner has been arrayed as A2 in this case. The petitioner is having four previous 2/6

cases. He would further submit that A1 was arrested and subsequently released on bail, and that the entire properties have been recovered and the value of the property is worth about Rs.18,000/-. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and taking note of the fact that the co-accused has been arrested and released on bail, and also the fact that the entire properties have been recovered and as the date of occurrence on 16.06.2025, by this time, most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Musiri, and on further conditions that:

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(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Musiri, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate, Musiri. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Musiri;

(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 4/6

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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Musiri.

2. Do through the Chief Judicial Magistrate, Tiruchirappall.

3.The Inspector of Police, Musiri Police Station, Trichy District.

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

COPY TO The Chief Co-Ordinator, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai. (soft copy)

ORDER

IN CRL OP(MD) No.12000 of 2025 Date :21/07/2025 PS/SAR.12.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6