Citation : 2026 Latest Caselaw 2499 Mad
Judgement Date : 13 May, 2026
CRL.OP..(MD).No.9460 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 13.05.2026
PRESENT
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
CRL OP(MD). No.9460 of 2026
Arikrishnan ... Petitioner/Accused
Vs
The State of Tamil Nadu,
Rep By The Inspector of Police,
Sathankulam Police Station,
Tuticorin District.
(in Crime No.278 of 2026) ... Respondent/Complainant
For Petitioner : Mr.Haroon Rasheed,
Advocate
For Respondent : Mr.M.Sakthi Kumar,
Government Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS
PRAYER :- For Anticipatory Bail in Crime No.278 of 2026 pending on the
file of the respondent Police.
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CRL.OP..(MD).No.9460 of 2026
ORDER :
The Court made the following order :-
The petitioner / Accused rank not known, who apprehends arrest at
the hands of the respondent police for the alleged offence punishable under
Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 and
Section 123 of BNS in Crime No.278 of 2026, on the file of the respondent
Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with
another accused person, was found in illegal possession of banned tobacco
products, namely, Cool Lip – 57 bundles containing 2,736 pieces,
weighing 17.784 kgs; Ganesh 701 Tobacco – 34 bundles containing 28,050
pieces, weighing 420.750 kgs; Vimal Tobacco – 52 bundles containing
1,560 pieces, weighing 3.120 kgs; and V1 Tobacco – 52 bundles
containing 1,560 pieces, weighing 1.560 kgs. The same were seized by the
respondent police. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit
that the petitioner has not committed any offence as alleged by the
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prosecution. He would further submit that he has been falsely implicated
in this case. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) would submit
that the petitioner and the another accused were found in illegal possession
of banned tobacco products, namely, Cool Lip-57 bundles-2736 pieces,
weighing 17.784 kgs, Ganesh 701 Tobacco-34 bundles-28050 pieces,
weighing 420.750 kgs, Vimal Tobacco-52 bundles-1560 pieces, weighing
3.120 kgs and V1 Tobacco-52 bundles-1560 pieces, weighing 1.560 kgs.
Hence, he opposed for grant of anticipatory bail to the petitioner. However,
he fairly conceded that the petitioner has no previous case.
5. Considering the facts and circumstances of the case and
considering the fact that the petitioner has no previous case, this Court is
inclined to grant anticipatory bail to the petitioner.
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 of receipt of a copy of this order, before the learned Judicial
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Magistrate, Sathankulam, 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 and on further condition that:
(a) The petitioner is directed to make a non-refundable
deposit of a sum of Rs.1,00,000/- (Rupees One Lakh only) to
the credit of the Tiruchuli Bar Association, having account
in Indian Overseas Bank, Tiruchuli, Account No.
247601000024274, IFSC No: IOBA0002476, MICR Code:
626020206; On such deposit being made, the learned
Magistrate shall accept the sureties furnished by the petitioner;
(b) if the petitioner failed to surrender before the
concerned Magistrate within a period of 15 days from the date
of receipt of a copy of this order, this order shall stand
automatically cancelled;
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(c)the sureties shall affix their photographs and left
thumb impression in the surety bond and the Court concerned
may obtain a copy of their Aadhar card or Bank pass Book to
ensure their identity;
(d)the petitioner shall report 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 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
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by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala
[(2005) AIR SCW 5560]; and;
(h)if the accused thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS, 2023.
(KKRKJ) 13.05.2026 TA
To
1. The Judicial Magistrate, Sathankulam.
2.The Inspector of Police, Sathankulam Police Station, Tuticorin District.
3.The President, Tiruchuli Bar Association, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN,J.
TA
ORDER IN
Date : 13.05.2026
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