Kiblath Khan Muhamad v. State Rep By,The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kiblath Khan Muhamad S/o0.Muahmad Mousooth Khan, 15/1, Kokarayan Pettai Road, Valaraigate, Animur, Namakkal 637 214 Petitioner(s) Vs STATE REP BY,The Inspector of Police, Thiruchengode Town Police Station, Namakkal District. (Crime. No. 341 of 2024) Respondent(s) For Petitioner(s):
C S Saravanan C S T. Sudhan Raj Amala Ananthi M.Vignesh For Respondent(s): S.Santhosh Government Advocate (criminal Side)
O R D E R
Apprehending arrest in connection with Crime No.341 of 2024 registered for the offences punishable under Sections 123 of BNS read with Section 24(1) of COTPA Act, 2003, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in 1/5
the case, learned counsel for the petitioner seek indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization and is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner along with other accused was found in possession of 430 kilograms of banned tobacco products. He would further submit that, apart from this case, petitioner has one previous case.
4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of the "District Legal Services Authority, Namakkal District" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
5. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused 2/5
the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchengode on condition that the petitioner shall execute separate 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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 their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 06.30.p.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 3/5
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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
28.01.2025 Sma To 1.The Inspector of Police, Thiruchengode Town Police Station, Namakkal District.
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Sma Crl.O.P.No.1898 of 2025 28.01.2025 5/5