Allowed

Mehar Singh v. The State rep by the The Inspector of Police

Madras HC3 Feb 2026/2397/2026

Case brief

AI extract

What is this about?

Anticipatory bail sought by A2 in a case involving transportation of 9.600 kgs of banned tobacco products under BNS and the Cigarettes and Other Tobacco Products Act. The court noted recovery of property and absence of previous cases, and granted anticipatory bail with conditions including daily reporting.

What did the court decide?

Anticipatory bail granted subject to bond of Rs.20,000 with two sureties and conditions including daily reporting for three weeks.

Mehar Singh Vs The State rep by the The Inspector of Police — Anticipatory Bail | Madras HC (2026)

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Crl.OP.No.2397 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.02.2026

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CORAM

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THE HONOURABLE MR JUSTICE K.RAJASEKAR

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Crl.O.P.No.2397 of 2026

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Mehar Singh ... Petitioner

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The State rep by The Inspector of Police, Virudhachalam Police Station, Cuddalore. ... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail, in the event of his arrest pending investigation in Cr.No.57 of 2026 on the file of the Inspector of Police,Virudhachalam Police Station, Cuddalore.

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For Petitioner : Mr.Thirumalaivasan Pachiyappan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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ORDER

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The petitioner, who apprehends arrest for the alleged offence under

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Sections 275, 123 of BNS and U/s 24(1) of Cigarette and other Tobacco Products Act, 2003 in Cr.No.57 of 2026 on the file of the respondent police, seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.2397 of 2025

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The allegation against the petitioner is that the petitioner by joining

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hands with other accused was involved in transportation of 9.600kgs of banned tobacco products and the same were seized by the respondent.

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Hence, the case has been lodged for taking action against the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner is ranked as A2 in this case and no recovery was made from him. Based on the confession of A1, this petitioner was added as an accused in this case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that A1 was arrested with 9.600kgs of tobacco products, which was transported in a petitioner’s vehicle. He further submitted that the property was recovered, investigation in this case is pending and the petitioner is not having any previous case. Hence, he vehemently opposed the grant of anticipatory bail.

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Heard both sides and perused the materials available on record.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.2397 of 2025

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Considering the nature of allegations, the fact that the property was

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recovered, though investigation is pending in this case and the petitioner is not having any previous case, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy made, before the learned Judicial Magistrate-I, Virudhachalam on condition that the petitioner shall execute a bond for a sum of Rs. 2 0,000/- (Rupees Twenty Thousand only) with two

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sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

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(a) If the petitioner fails to surrender before the concerned 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;

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(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;

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.2397 of 2025

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(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in

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P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

03.02.2026