Shanmugasundharam v. The State Rep by the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Section 123 of BNS, 2023 and 24(1) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003, in Crime No.146 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that the petitioner is the son of the first accused, Elumalai. A search conducted at a godown belonging to the petitioner revealed 20 white gunny sacks stored inside, which contained a large quantity of banned tobacco products. The search yielded 340 large packets of COOL LIP brand tobacco, each containing smaller packets totaling 2,720 packets, alongside 750 large packets of HANS brand tobacco, each containing 50 smaller packets. Furthermore, law enforcement authorities seized an auto-rickshaw and a Toyota Innova car parked near the premises. The vehicles contained an additional 40 large packets of HANS tobacco, with each large packet holding two bundles of 15 packets, amounting to 600 packets. Consequently, the contraband and vehicles were seized, and the present criminal case was registered against the accused.

¶3The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner. Page3 of 6

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police would strongly oppose the petition on the ground that the petitioner was found in possession of banned tobacco products, which were seized from him and he has no previous cases pending against him.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6.Considering the fact that the petitioner has no previous cases, and in the fond hope that he will mend his conduct in the future and not come under the adverse notice of the respondent, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶7Accordingly, 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 Judicial Magistrate-II, Ulundurpet, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 Page4 of 6 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 report before the respondent police everyday at 10.30 a.m., for a period of two week and thereafter as and when required for interrogation;

(d) 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 22-07-2026 GBI Page5 of 6 To

1.The Judicial Magistrate-II, Ulundurpet.

2.The Inspector of Police Kalamaruthur Police Station, Kallakurichi District.

3.The Public Prosecutor, Madras High Court. CRLoOPoNo.o19439oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19439oofo2026 22-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Shanmugasundharam ..Petitioner(s) Vs The State Rep by The Inspector of Police Kalamaruthur Police Station, Kallakurichi District. Crime No.146 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in the event of his arrest in Crime no.146 of 2026 on the file of the Respondent Police pending investigation. For Petitioner(s): M/S. Siranjeevi R For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)