Loganathan v. State of Tamilnadu Rep by Inspector of Police, Pamban

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Loganathan ... Petitioner/ Accused No.1

Vs State of Tamil Nadu represented by The Inspector of Police, Pamban Police Station, Ramanathapuram District. (Crime No.121 of 2026) ... Respondent/ Complainant For Petitioner : Mr.M.Vivek Kumar, Advocate For Respondent : Mr.J.Vishnu, Government Advocate (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.121 of 2026 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / first accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 123 BNS r/w Section 24(1) of Cigarattes and Other Tobacco Products Act, 2003, in Crime No.121 of 2026, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

23.07.2026, the accused 3 and 4 were found in illegal possession of 38.475 kgs of tobacco products and on the basis of the confession alleged to have taken from the third accused, the petitioner and the other accused were implicated. Hence, the complaint.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the accused 2 to 4 were already arrested and released on bail by the learned Principal Sessions Judge, Ramanathapuram in Crl.M.P.Nos.1325 and 1340 of 2026 vide order dated 05.08.2026.

¶5The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally five accused, that the petitioner's anticipatory bail application filed before the Principal Sessions Court, Ramanathapuram, came to be dismissed vide order dated 05.08.2026, that the contraband have been recovered and that the petitioner is having one previous case similar in nature.

¶6Considering the nature of charges levelled against the petitioner and also the facts that the contraband were already recovered and that the accused 2 to 4 were granted bail by the Principal Sessions Court, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

¶7Accordingly, the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Rameshwaram.

¶8On production of such receipt / acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameshwaram, 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 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 Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty (30) days and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial; [e]On breach of any of the aforesaid conditions, the learned 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 is 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]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

11.08.2026 CSM

K.MURALI SHANKAR,J CSM TO

¶1The Judicial Magistrate, Rameshwaram.

¶2The Inspector of Police, Pamban Police Station, Ramanathapuram District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN Date : 11.08.2026