Ajith v. The State Rep. By, The Inspector Of Police

CRL OP NO. 96 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 96 of 2025 Ajith Petitioner(s) Vs The State Rep.By The Inspector of Police, Nallur Police Station, Tiruppur. Crime No.1067/2024 Respondent(s) For Petitioner(s):

P.Thinesh For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.1067 of 2024, registered for the offences punishable under Sections 123 and 286 of BNS, the present petition has been filed seeking anticipatory bail.

2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that he is no way connected to this case and he is ready to abide by any stringent condition that may be

imposed by this Court. Based on the confession of the arrested accused the petitioner herein has been roped in this case. He would further submit that he has no previous case against him and without prejudice to his contentions, he is ready to deposit a considerable amount to any Charitable Institution.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the co-accused caught arrested for the possession of 1 Kg. of banned tobacco products. He would further submit that the petitioner herein is A2 and there is no previous case as against the petitioner.

4.Having heard the learned counsel for the petitioner, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Considering the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to

make a non-refundable deposit of a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of "The District Legal Services Authority, Tiruppur District", without prejudice to his rights and contentions before the trial Court. 6.It is made clear that merely because the petitioner is depositing the amount, it would not amount to the petitioner admitting his guilt in the criminal case and such amount is being paid without prejudice to the right of the petitioner. 7.Accordingly, the petitioner shall make a non refundable deposit of Rs.

10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the "The District Legal Services Authority, Tiruppur District", and on such deposit and on receipt of proof of payment, 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 No.4, Tiruppur, on condition that the petitioner shall execute a bond for a sum of Rs.

Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar Card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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

[d] the petitioner shall not abscond either during investigation or trial. [e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.01.2025 ah To 1.The Judicial Magistrate No.4, Tiruppur.

2.The Inspector of Police, Nallur Police Station, Tiruppur. 3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

ah

CRL OP NO. 96 of 2025 09.01.2025