Marikannan vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2519 Mad

Citation : 2026 Latest Caselaw 2519 Mad
Judgement Date : 13 May, 2026

[Cites 3, Cited by 0]

Madras High Court

Marikannan vs State Of Tamilnadu Rep By Inspector Of ... on 13 May, 2026

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   ( Criminal Jurisdiction )

                                                      Date : 13.05.2026

                                                         PRESENT

                           THE HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN


                                            CRL OP(MD).No.9457 of 2026


                     Marikannan                                                ... Petitioner /
                                                                                  Accused No.2

                                                          Vs.


                     The State represented by
                     The Inspector of Police,
                     Kovilpatti West Police Station,
                     Thoothukudi District.
                     (Crime No.446 of 2026)                                    ... Respondent /
                                                                                   Complainant


                                  For Petitioner      : Mr.M.Prabhu

                                  For Respondent : Mr.M.Sakthi Kumar
                                                   Government Advocate (Crl.Side)


                           PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS



                     1/6




https://www.mhc.tn.gov.in/judis
                     PRAYER :-
                             For Anticipatory Bail in Crime No.446 of 2026 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 for the offences under Section 123 of BNS

(Corresponding Section 328 of IPC) and 24(1) of COTPA Act, in Crime

No. 446 of 2026 on the file of the respondent police, seeks anticipatory

bail.

2. The case of the prosecution is that on 07.05.2026, when the

respondent police was on patrol duty, the petitioner and the other accused

were found in illegal possession of banned tobacco products in a two

wheeler. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the

petitioner is an innocent person and he has not committed any offences as

alleged by the prosecution. He further submitted that the petitioner has

no previous case. Hence, he seeks anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis

4. The learned Government Advocate (Crl.Side), on instructions,

submitted that the petitioner and the other accused were found in illegal

possession of banned tobacco products. Hence, he strongly opposed the

grant of anticipatory bail to the petitioner. However, he fairly submitted

that the petitioner has no previous case.

5. Taking into consideration of 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, with certain

conditions.

6. Accordingly, 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 of receipt of a copy of this order,

before the learned Judicial Magistrate No.II, Kovilpatti, on condition that

the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten

Thousand only) with sureties each for a like sum to the satisfaction of the

respondent police or the police officer who intends to arrest or to the

https://www.mhc.tn.gov.in/judis satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, 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 make a non-refundable deposit of a

sum of Rs.10,000/- (Rupees Ten thousand 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;