Manogaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.23991 of 2025 Manogaran ... Petitioner Vs State of Tamil Nadu through Rep. by its The Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.

(Crime No.263 of 2025) ... Respondent For Petitioner : Mr.R.Anand For Respondent : Mr.A.S.Abdul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.263 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 132 and 351(3) BNS, 2023 (Corresponding to Sections 294(b), 353 and 506(ii) I.P.C), and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Cr.No.263 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of large quantity of Tobacco products.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he had been falsely implicated in this case He would further submit that the petitioner neither accused nor one of the accused in the 2/7

F.I.R. and co-accused/A1 in this case had already granted anticipatory bail vide order of this Court dated 21.11.2025 in Crl.O.P.(MD)No.20981 of 2025.

4. The learned Government Advocate (Crl.side) appearing for the respondent police, on instructions, would submit that the petitioner and other accused were found in illegal possession of huge quantity of Tobacco products. However, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that co-accused has been granted anticipatory bail, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate, Ottapidaram, Thoothukudi District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, 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 shall report before the respondent Police weekly twice ie. on every 4/7

Monday and Friday 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 petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J) 26.12.2025 LS/ogy 5/7

TO 1.The Judicial Magistrate, Ottapidaram, Thoothukudi District 2.The Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.

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

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M.JOTHIRAMAN,J LS CRL.OP(MD)No.23991 of 2025 26.12.2025 7/7