Ramkumar v. The State of Tamilnadu
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 123, 269
- Cigarettes and Other Tobacco Products Act, 2003 ss. 6(b), 24(1)
Judgment
CRL OP(MD). No.1477 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 17.02.2026PRESENTTHE HONOURABLE MRS. JUSTICE S.SRIMATHYCRL OP(MD)No.1477 of 2026 Ramkumar ... Petitioner VsThe State of Tamilnadu, Rep by the Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. (Crime No.58 of 2026) ... Respondent For Petitioner : Mr.S.Sathish For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side)PRAYER :- For Anticipatory Bail in Cr.No.58 of 2026 on the file of the respondent police.ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 of BNS, 2023 and Sections 6(b) and 24(1) of Cigarettes and Other Tobacco Products Act, 2003, in Crime No.58 of 2026, seeks anticipatory bail.1/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1477 of 20262. The case of the prosecution is that the petitioner and other accused persons were found to be in illegal possession of banned tobacco products.
Hence, the complaint. 3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner has complied with the interim order already passed by this Court. 5. Considering the facts of the case the petitioner was directed to file an undertaking affidavit and the same was filed by the petitioner. Based on the undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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 Judicial Magistrate Court-II, Srivilliputhur, within a period of fifteen 2/4 https://www.mhc.tn.gov.in/judis CRL OP(MD).
No.1477 of 2026days from the date on which the order copy is made ready 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 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 3/4 https://www.mhc.tn.gov.in/judis CRL OP(MD).
No.1477 of 2026 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 of BNS. 17.02.2026KSATo1. The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/4
Precedent status how later indexed judgments have treated this case
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