High Court · 2025

CRL OP(MD). No.7778 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7778 of 2025Emarajan ... Petitioner/Accused Rank not known VsThe State of Tamilnadu,Rep By,The Inspector of Police,Tirunelveli Junction P.S.Tirunelveli.Cr.No.03/2023 ... Respondent/Complainant For Petitioner : Mr.S.Kumar, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Cr.No.3 of 2023 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 24.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grantan order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-Police forthe alleged offences punishable under Section 328 of Indian Penal Code, 1860 andSections 6(a), 6(b) and 24(1) of Cigarette and Other Tobacco Products Act, 2003 inCrime No.3 of 2023 on the file of respondent-Police. 3. The case of the prosecution is that on 02.01.2023, at about 02.30 p.m., nearTirunelveli Railway Junction, the defacto complainant, who is the Sub-Inspector ofPolice, along with his police team, was conducting an inspection near the railwayjunction. During the inspection, the respondent-Police found 220 packets of Cool LipPackets 175 gms each (totally containing 38.5 kgs), 190 bundles of Cool Lip, eachbundle weighing 200 gms and containing 9 packets of Cool Lip (totally containing38 kgs), 490 Packets of Ganesh Tobacco containing 330 gms (totally containing 161.7gms). Altogether, the contraband weigh 238.2 kgs and are worth aboutRs.1,63,870/-. Thereafter, the respondent-Police seized the contraband in thepresence of two witnesses. Based on the confession of co-accused, the petitionerherein has been arrayed as an Accused in this case. Hence, the complaint. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 20254. Mr.S.Kumar, learned counsel appearing for the petitioner, submits that thepetitioner has nothing to do with the alleged offence. He further submits that a falsecase has been foisted against the petitioner. He further submits that he is ready toabide any conditions to be imposed by this Court. Therefore, he prays for grantingpre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-Police, submits that initially, the petitioner hasnot been arrayed as an accused in this case and then, based on the confession ofAccused No.1, the petitioner herein has been arrayed as Accused No.3. He furthersubmits that the banned tobacco products (contraband) have been seized by therespondent-Police. He further submits that the custodial interrogation of thepetitioner is necessary in this case to unearth the truth. Hence, he vehementlyopposes the grant of pre-arrest bail to the petitioner.6. Heard on both sides. This Court has perused the records.7. It is learnt that Accused No.1 was arrested and a confession was alsorecorded from him. Based on the confession, the petitioner herein added as anAccused in this case. In this case, the FIR has been registered on 02.01.2023. But, therespondent-Police has not taken any steps to arrest the petitioner till date. Theconduct of the respondent-Police would show that custodial interrogation of the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 2025petitioner is not required for the investigating agency in this case. Moreover, thecontraband have already been seized by the Police. Further, the petitioner haspermanent residence and hence, there is less possibility of absconding. 8. In view of the above as well as the facts and circumstances of the case,considering the gravity of the offences allegedly committed by the petitioner, andwith a view to afford an opportunity to the petitioner to reform himself, this Court isinclined to grant an order of pre-arrest bail to the petitioner subject to the followingconditions:(i) The petitioner shall be released on bail in the event of his arrest or in theevent of his surrender before the learned Judicial Magistrate IV, Tirunelveli, within aperiod of fifteen days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand Only) to the satisfaction of the learned Judicial Magistrate IV, Tirunelveli;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019]'. The learned Judicial Magistrate IV, Tirunelveli, shall obtain a copyof any one identity proof of each surety to ensure their identity;4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 2025(iii) The petitioner shall appear and sign before the respondent-Police daily at09.00 a.m., and 06.00 p.m., until further orders;(iv) The petitioner shall make himself available for interrogation by police asand when required;(v) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate IV, Tirunelveli;(vi) The petitioner shall not, directly or indirectly, cause any threat to thewitnesses and shall not tamper with the evidence;(vii) The petitioner shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade them from disclosing such facts to the Court or to any Police Officer;(viii) The petitioner shall not leave India without prior permission of theCourt;(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate IV, Tirunelveli or Trial Judge as the case may be, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by them as laid down by the Hon-bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-28/04/2025// True Copy // /05/2025Sub Assistant Registrar( CS-I / II / III / IV )Madurai Bench of Madras High Court,Madurai.TSG TO1.The Judicial Magistrate IV, Tirunelveli.2.Do Through The Chief Judicial Magistrate, Tirunelveli.3. The Inspector of Police, Tirunelveli Junction P.S. Tirunelveli.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7778 of 2025 CRL OP(MD) No.7778 of 2025 Date : 28/04/2025 KVL - ( 27.05.2025) 7P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7