Arikrishnan vs State Of Tamil Nadu

K.K.Ramakrishnan, J

The petitioner / Accused rank not known, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 and Section 123 of BNS in Crime No.278 of 2026, on the file of the respondent Police, seeks anticipatory bail.

The case of the prosecution is that the petitioner, along with another accused person, was found in illegal possession of banned tobacco products, namely, Cool Lip - 57 bundles containing 2,736 pieces, weighing 17.784 kgs; Ganesh 701 Tobacco - 34 bundles containing 28,050 pieces, weighing 420.750 kgs; Vimal Tobacco - 52 bundles containing 1,560 pieces, weighing 3.120 kgs; and V1 Tobacco - 52 bundles containing 1,560 pieces, weighing 1.560 kgs. The same were seized by the respondent police. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that he has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.

The learned Government Advocate (Criminal side) would submit that the petitioner and the another accused were found in illegal possession of banned tobacco products, namely, Cool Lip-57 bundles-2736 pieces, weighing 17.784 kgs, Ganesh 701 Tobacco-34 bundles-28050 pieces, weighing 420.750 kgs, Vimal Tobacco-52 bundles-1560 pieces, weighing 3.120 kgs and V1 Tobacco-52 bundles-1560 pieces, weighing 1.560 kgs. Hence, he opposed for grant of anticipatory bail to the petitioner. However, he fairly conceded that the petitioner has no previous case.

Considering the facts and circumstances of the case and considering the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sathankulam, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) The petitioner is directed to make a non-refundable deposit of a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No. 247601000024274, IFSC No: IOBA0002476, MICR Code: 626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

(b) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(c) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioner shall report the respondent Police daily at 10.30 A.M., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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 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]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.