Asarutheen v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioner/A1 in Crime No.181 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), 353, 506(i) IPC and Section 24(1) of COTP Act,2003 seeks anticipatory bail.

2. It is stated that the petitioners/A2 and A3 were found in possession of 53.200kgs of illegal tobacco products. It is also stated that the petitioner was not present at that place. But, it is the case of the respondent that the petitioner is also an accused.

3. Taking all the factors into consideration and also the fact that A1 and A2 had been granted bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

4. Accordingly, the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the Dean, Government Stanley Hospital, Chennai & Medical College, Chennai, for treatment of needy patients and on such deposit and the production of proof, 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 on which the order copy made ready, before the learned VIII Metropolitan Magistrate Court, George Town, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.

Vv 06.02.2024

C.V.KARTHIKEYAN,J.

Vv 06.02.2024