Mottayasamy v. State Represented by the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 24(1) of Cigarette and Other Tobacco Products, 2003 r/w Sections 274, 275 and 123 of BNS Act, 2023 in Crime No. 463 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that on 20.06.2026, when the respondent police were on their routine vehicle check up, they found that the petitioner was found to be in illegal possession of 4.51 kgs of banned tobacco products. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that no previous case is pending against the petitioner. However, she opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case, from the submissions made by learned Government Advocate (Crl.Side), it is seen that petitioner has no criminal antecedent. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. Page3 of 5

7.Accordingly, the petitioner shall deposit a sum of Rs.75,000/-(Rupees Seventy Five Thousand only) by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Madhavaram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; [c] the petitioner shall deposit a sum of Rs.75,000/-(Rupees Seventy Five Thousand only), by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and that the receipt of such payment shall be produced before the concerned Magistrate Page4 of 5 at the time of executing the bond;

(d) 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.

(e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-07-2026 Index: Yes/No Speaking/Non-speaking order NR To:

¶1The District Munsif cum Judicial Magistrate, Madhavaram

¶2The Inspector of Police Madhavaram Police Station, Tiruvallur District.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o18861oofo2026 G.K.ILANTHIRAIYAN,oJ. NR CRLoOPoNo.o18861oofo2026 17-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Mottayasamy ..Petitioner(s) Vs State Represented by The Inspector of Police Madhavaram Police Station, Tiruvallur District. Crime No.463 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police concerned in Crime No.463 of 2026 on the file of the respondent. For Petitioner(s): R Parthiban For Respondent(s): Ms.R.S.Indira, Govt.Advocate (Crl.Side)