Jitendra Van Vs State rep by its Inspector of Police

Prayer : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the Petitioner on bail in the event of the arrest in Crime No.250 of 2025 on the file of the Respondent.

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For Petitioner : Mr.M.P.Saravanan

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For Respondent : Mr.S.Balaji, Govt. Advocate (Crl. Side)

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent

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police for the alleged offence under Sections 6 r/w 20(1) of COTPA Act, 2003 and 123 of BNS, 2023 and 4(1)(a) of TNP Act in Crime No.250 of 2025 on the file of the respondent police, seeks anticipatory bail.

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CRL OP No. 12744 of 2026

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It is the case of the prosecution is that the petitioner illegally transported 308 kilograms of banned tobacco products and 20 packets of Karnataka liquor. Hence, the case.

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Learned counsel for the petitioner submitted that the petitioner is an innocent and he is in no way connected to this case and that he has been falsely implicated in this case based on the RC book of the subject, which reflects that the petitioner is the owner of the subject vehicle. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant anticipatory bail to the petitioner.

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Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and submitted that the alleged contraband were recovered from the petitioner’s car. He further submitted that the petitioner has no previous case pending against him. He also submitted that this is the fourth anticipatory bail application filed by the petitioner and if the petitioner is enlarged on anticipatory bail, he may abscond and commit similar offences in the future. Hence, he opposed to grant anticipatory bail to the petitioner.

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Heard the learned counsel on either side and perused the materials available on record.

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CRL OP No. 12744 of 2026

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Considering the submissions made by the learned counsel on either side, nature of offences and also considering the fact that there are no previous cases pending against the petitioner, and further taking note of the fact that the petitioner has been implicated in this case based on the RC book of the subject vehicle, I am inclined to grant anticipatory bail to the petitioner on certain conditions.

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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-II, Hosur, Krishnagiri District, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

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[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 Aadhar card or Bank pass Book to ensure their identity;

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CRL OP No. 12744 of 2026

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[b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] the petitioner shall not leave India without the prior permission of the Court;

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[f] 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] ;

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[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

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14-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp

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CRL OP No. 12744 of 2026

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To