Thennarasu v. State of Tamilnadu Rep by Inspector of Police, Emaneswaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Thennarasu ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District. (Crime No. 66 of 2026) ...Respondent/Complainant For Petitioner :Mr.Rajiv Gandhi Advocate. For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 66 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/Accused, who apprehends arrest at the hands of the respondent for the offences punishable under Section 123 of BNS, 2023, and 6(b) r/w 24(1) of the Cigarettes and other Tobacco Products Act, 2003, in Crime No.66 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

20.03.2026, at 03.00 p.m., during the regular vehicle check up, the defacto complainant, who is working as Statistical Officer, found that the petitioner and other accused persons had illegal possession of 12 kgs of tobacco products in their car worth abour Rs.75,000/-. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that investigation is pending the petitioner has 2 previous cases, out of which, one is similar in nature. Hence, he opposes to grant anticipatory bail to the petitioner.

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

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner and the quantity of the material involved in this case and also considering the fact that though the petitioner has 2 previous cases and in all cases, he was granted bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial

Magistrate,

Paramakudi, Ramanathapuram, and on further conditions that: [b] the petitioner shall report before the respondent police once in a week ie., on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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 petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

27.03.2026 vsg

To

1.The learned Judicial Magistrate, Paramakudi, Ramanathapuram.

2.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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