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Madras High CourtCRL OP(MD)/14266/2025dismissed

Masanam v. The State Of Tamil Nadu Rep. By

2025-08-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.08.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Masanam ... Petitioner Vs The Inspector of Police, Andipatti Police Station, Theni District.

Crime No.371 of 2025 ... Respondent For Petitioner : Mr.M.Beemarao For Respondent : Mr.S.Prakash, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No. 371 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/4

for the alleged offence punishable under Sections 6(a), 24(1) of the Cigarette and other Tobacco Products Act, 2003 and Section 123 BNS in Cr.No.371 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 was caught red handed along with banned tobacco products and he confessed that he bought the tobacco products from the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, he submits that the petitioner has been added as an accused only based on the confession statement of A1 and he is not having any role in the case.

4.When this Court verified as to the role of the petitioner in the confession statement, the learned counsel appearing for the petitioner is not in a position to explain the same. When this Court verified with the learned Government Advocate (Crl.side), he submits that the petitioner arrested along with A1. Thereafter, when this Court verified with the learned Government Advocate(Crl.side) as to the 2/4

manner in which, the petitioner has filed a petition for anticipatory bail, he is not in a position to explain the same. Therefore, this Court called for papers from the learned Government Advocate (Crl. side).

5.The learned Government Advocate(Crl.side) has been provided with some instructions by the respondent Police, which reveals that A1 has transported contraband in the petitioner's vehicle, bearing Reg.No.TN 60 T 3102. The respondent Police has also provided three copies of this instructions to the learned Government Advocate(Crl.side). However, the learned Government Advocate (Crl.side) has not even furnished one copy to the Court to understand the case. This is how the State is defending the cases. The Government Advocate has to realize that they are taking cause of the Government and cause of the victims. 6.Considering the nature of allegations levelled as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 28/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gns TO 1 The Inspector of Police, Andipatti Police Station, Theni.

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

ORDER

IN CRL OP(MD) No.14266 of 2025 Date :28/08/2025 NM/04.09.2025/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4