Anbalagan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.01.2025

CORAM

THE HON`BLE MR.JUSTICE G.R. SWAMINATHAN CRL OP.No.1135 of 2025 Anbalagan S/o. Palaniyandi ... Petitioner / Accused Vs State represented by:

The Sub-Inspector of Police, Valasaravakkam Police Station.

... Respondent [Cr. No.855 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner/Accused on bail in Cr. No.855 of 2024 on the file of the respondent police.

For Petitioner : Mr. B. Ramesh Babu For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side]

ORDER

Heard the learned counsel on either side.

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2. The petitioner stands accused in Cr. No.855 of 2024 for the offences under Sections 274, 275, 123 of B.N.S. read with Section 24(1) of the Cigarettes And Other Tobacco Products Act and Sections 7 and 9(ii) of TNPSS Act, Section 77 of Juvenile Justice Act on the file of the respondent police. He was arrested and remanded into judicial custody on 07.11.2024.

3. The petitioner/accused was in possession of banned Tobacco products for the purpose of selling the same for his personal gain.

4. Though the allegations made against the petitioner are grave in nature, his continuity of incarceration will not serve any purpose. The co-accused had already been granted bail. Therefore, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on 2/5

condition to 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 Judicial Magistrate No-I, Poonamallee and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of 3/5

the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

17.01.2025 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs G.R. SWAMINATHAN J., mjs To 4/5

1.The Judicial Magistrate No-I, Poonamallee 2.The Public Prosecutor, Madras High Court, Chennai.

3. The Sub-Inspector of Police,Valasaravakkam Police Station.

4. The Superintendent of Police, Central Prison-II, Puzhal, Chennai. 17.01.2025 5/5