P Elayaraja v. The State Of Tamil Nadu, Rep. By The Inspector Of Police
CRL OP NO. 515 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 515 of 2025 P.Elayaraja petitioner(s) Vs The Inspector Of Police, Neyveli Thermal Police Station, Neyveli.
Respondent(s) For petitioner(s):
Selvaraj K For Respondent(s):
S.Santhosh Government Advocate (criminal Side).
ORDER
Apprehending arrest in connection with Crime No.253 of 2024, registered for the offences punishable under Sections 123 of BNS Act, 2023, r/w 24(1) of Cigarette and other Tobacco Products Act, 2003, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioner, false implication in this case, learned counsel for the petitioner seeks indulgence of this court. He would submit that he is innocent and no way connected with this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court. He would further submit that he has one 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 18 Kgs of tobacco products seized from A1, father-inlaw. A1 arrested and released on bail. The petitioner herein is A2/supplier and he is the son-in-law of A1. He would further submit that there is no previous case as against this 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.Taking into consideration the facts and circumstances of the case and that there is no previous case pending against the petitioner, and taking into consideration 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, Neyveli", 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 District Legal Services Authority, Neyveli", 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, Neyveli, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 said Magistrate, on further condition that:
[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 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.
20-01-2025 ah To 1.The Judicial Magistrate, Neyveli.
2.The Inspector Of Police, Neyveli Thermal Police Station, Neyveli.
3.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA, J.
ah CRL OP NO.515 of 2025
20.01.2025