The court maintains discretion to grant pre-arrest bail under Section 482 BNSS, 2023, even in cases with prior criminal history, provided that stringent conditions, including financial deposits and reporting requirements, are imposed to ensure compliance and prevent interference with the investigation.

ORDER

This Criminal Original Petition has been filed by the petitioner on

19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-

police for the offences punishable under Sections 275 and 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 (273 and 328 of IPC respectively) and 24(1) of the Cigarettes and Other Tobacco Products Act (COTPA), 2003, in Crime No.406 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that when the police were on patrol duty, the petitioner and other accused persons were in possession of banned tobacco products illegally, valued at approximately Rs.2,86,890/-. Hence, the case.

4. Mr.S.B.Viswanathan, the learned counsel for the petitioner, submits that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. He, however, submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.Yogaraja Sekar, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner was found in possession of banned tobacco products illegally, valued at approximately Rs.2,86,890/-. He further submits that the petitioner is having five previous cases similar in nature. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Though the petitioner had five previous cases, only with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned District Munsif Cum Judicial Magistrate Court, Kalasapakkam, Thiruvannamalai District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kalasapakkam, Thiruvannamalai District.

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

(iii) The petitioner is directed to deposit a sum of Rs.50,000/-

(Rupees Fifty Thousand Only) to the credit of The Director / Authorised Officer, Government Arignar Anna Memorial Cancer Hospital, Karaipettai, Kancheepuram, without prejudice to his rights and contentions before the Trial Court. Only upon deposit, the learned Magistrate shall accept the sureties.

(iv) The petitioner shall appear and sign before the respondent-

police weekly twice I.e., on every Monday and Friday at 10.00 a.m. until further orders.

(v) The petitioner shall make himself available for interrogation by a police officer as and when required.

(vi) 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 to dissuade them from disclosing such facts to the Court or to any police officer.

(vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.

(viii) The petitio