Shureshbhai v. The State Rep. by the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 123 of BNS Act and Sections 7 & 20(1) of COTPA Act and Sections Page2 of 7 4(1)(c) of TNP Act, 2024 in Cr.No.387 of 2025 on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that the police officials intercepted a white Creta car bearing Registration No. GJ 08CG2093 near SIPCOT Junction on the Bengaluru–Hosur National Highway during routine inspection. It is further stated that the driver absconded after the interception. The respondent police seized 49.560 kgs of Swagat Gold Tobacco products, 5250 pouches of Hans Chhap Tobacco weighing 105 kgs, 440 pouches of Hans Coollip Tobacco weighing 160 kgs, and 13 packets of Carnival XXX Rum measuring 2 litres. It is further stated that the said contraband articles were illegally transported in the said vehicle and that the respondent police seized the contraband articles as well as the vehicle, pursuant to which Crime No.387 of 2025 was registered. Hence, this petition.

¶3The learned counsel for the petitioner submits that the petitioner is not involved in the alleged offence and his name is not found in Crime No. 387 of 2025. The petitioner apprehends arrest. It is submitted that the case has been registered for statistical purposes and there is no incriminating evidence against Page3 of 7 him. The petitioner had earlier filed anticipatory bail petitions in Crl.O.P. Nos. 28833 of 2025 and 8409 of 2026, which were dismissed on 24.10.2025 and

06.04.2026 respectively. It is further submitted that the petitioner is innocent and has been falsely implicated, and has filed the present third anticipatory bail petition seeking relief.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that various types of banned tobacco products and 2 litres of liquor were recovered from the petitioner, and that if the petitioner is enlarged on anticipatory bail, there is a likelihood of his indulging in similar activities. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

5.Heard both sides and perused the materials available on record.

6.Considering the rival submissions and the nature of the offence and the fact that the petitioner has no previous cases, and upon considering all other factors, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. Page4 of 7

¶7Accordingly, the petitioner is ordered to be released on bail in the event of his arrest, on his executing 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 Judicial Magistrate Court-II, Hosur, and on further conditions that:- [a] the petitioner shall report before the respondent police everyday at

10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [b] the petitioner shall not commit any offences of similar nature. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Judicial 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 Kerala [(2005)AIR SCW 5560]. Page5 of 7 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

14-05-2026 Index: Yes/No Speaking/Non-speaking order SSR Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page6 of 7 To

1.The Judicial Magistrate Court-II, Hosur.

2.The Inspector of Police SIPCOT Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o11548oofo2026 P.DHANABAL,oJ. SSR CRLoOPoNo.o11548oofo2026 14-05-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Shureshbhai S/o.Bhurabhai Chaudhari, Dugdol Moti, Banaskantha, Gujarat 385 310. ..Petitioner(s) Vs The State Rep. by The Inspector of Police SIPCOT Police Station, Krishnagiri District. Cr.No. 387/2025. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of B.N.S.S., pleased to grant Anticipatory bail to the petitioner in the event of his arrest or on his appearance before any court in connection with the case in Crime No. 387/2025 pending investigation on the file of the respondent police. For Petitioner(s): Deeraj T For Respondent(s): Mr.A.Gopinath Government Advocate (Crl. Side)