Jafar Ali v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) No.17202 of 2025 Jafar Ali ... Petitioner/ Accused No.2 Vs The State of Tamil Nadu, Rep., by, The Inspector of Police, Gudalur North Police Station, Theni District.

(Crime No.273 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Manojkumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.273 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 271 of BNS r/w section 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.273 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 12 kg banned tobacco pockets. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. The learned Government Advocate (Crl.side) for the respondent police submitted that the petitioner is having four previous cases out of which two cases are similar in nature.

5.Taking into consideration of the facts and circumstances of the case and inspite of four previous cases pending against the petitioner, 2/6

this Court is inclined to grant anticipatory bail to the petitioner, with other conditions.

6. 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, Uthamapalayam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (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 is directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of 3/6

Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, Indian Bank, Account No. 496039124, IFSC Code: IDIB000H040, High Court Branch, Madurai. On such deposit, the learned Judicial Magistrate, Uthamapalayam, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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 4/6

Kerala [(2005) AIR SCW 5560] and;

(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 09.10.2025 PJL To

1. The Judicial Magistrate, Uthamapalayam.

2.The Inspector of Police, Gudalur North Police Station, Theni District.

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

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S.SRIMATHY, J.

PJL CRL OP(MD) No.17202 of 2025 Date : 09.10.2025 6/6