Sheik Bhaseer v. The State Rep By, the Inspector of Police

ORDER The petitioner, who apprehends arrest for alleged offences under Section 123 of BNS and 24(1) of Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003, in Crime No.125 of 2026 on the file of the respondent police, seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner, a 74-year-old senior citizen, is that they were in illegal possession of 12.120 kilograms of banned tobacco products for the purpose of illicit sale. Hence, the present case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioner submitted that a total quantity of

12.120 kilograms of banned tobacco products was involved in the case. He further submitted that the petitioner has no previous criminal antecedents.

5.This Court has considered the submissions made on either side.

6.Considering the totality of the circumstances, the petitioner's status as a senior citizen, and the absence of any pending criminal antecedents, this Court Page3 of 5 is of the firm view that custodial interrogation is not required at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sankarapuram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of fifteen [15] days and thereafter as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate Page4 of 5 actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 21-07-2026 GBI To

1.The State Rep By, The Inspector of Police Kallakurichi, Vadaponparappi. Crime No.125 of 2025

2.The Judicial Magistrate, Sankarapuram.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19283oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19283oofo2026 21-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sheik Bhaseer ..Petitioner(s) Vs The State Rep By, The Inspector of Police Kallakurichi, Vadaponparappi. Crime No.125 of 2025 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on Anticipatory Bail in the event of their arrest pending investigation in Crime No.125 of 2026 on the file of the Respondent Police and pass further or other orders as this Honorable Court. For Petitioner(s): M/S. A. Gokulakrishnan For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)