Arifa Begam v. The State Represented By The Inspector Of Police,

CRL OP NO. 2049 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 2049 of 2025 Arifa Begam W/o0. Mohamed Atheek Mursha, No.31, K.G Layout, 1st Street, South Ukkadam, Coimbatore District Petitioner(s) Vs The State Represented by The Inspector of Police, Bazaar Police Station, Coimbatore District. Crime No.20 of 2025 Respondent(s) For Petitioner(s):

R.Parthiban P.Narayana Prasadh P.Vignesh For Respondent(s):

S.Santhosh Government Advocate (criminal Side),madras High Court.

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(b), 24(1), 7(1) and 20(1) of Cigarette and Other Tobacco Products Acts, 2003 r/w Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 and 123 of B.N.S. in Crime No.20 of 2025, on the file of the respondent police, seek anticipatory bail.

2. Learned counsel appearing for the petitioner would submit that petitioner is innocent and have not committed any offence, as alleged by the prosecution and she has been falsely implicated in this case. He would further submit that the petitioner is only the mother of the accused and nothing to do with the case. He further submitted that the petitioner is ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent police who is opposing for granting anticipatory bail to the petitioner, stating that the petitioner along with other accused had involved in illegal possession of 767 kgs of banned Tobacco products. He also submitted that the petitioner has no previous case.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and also the fact that the petitioner has no

previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner 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-V, Coimbatore 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 said Magistrate, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] 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; [c] the petitioner shall report before the respondent Police on everyday at 10:30 A.M., until further orders;

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

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

[f] 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 was 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

29-01-2025 msv To The Inspector of Police, Bazaar Police Station, Coimbatore District.