Raja @ Ananda Babu v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.4534 of 2022 RAJA @ ANANDA BABU [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] STATION HOUSE OFFICER, C-2, ELEPHANTGATE POLICE STATION, CRIME NO. 147/2022 For Petitioner : M/S. B.R.SANKARA LINGAM Advocate For Respondent : MR.LEONARD ARUL JOSEPH SELVAM, Govt.Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 353, 506(1) of IPC and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.147 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that on 29.01.2022, the petitioner along with other accused were found in illegal possession of 182 kgs of banned tobacco products and also prevented the police from discharging their duties. Hence, the complaint. 3.

The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- (Rupees Ten Thousand) for any welfare activities as may be ordered by this Court. Accordingly, he prays for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the contraband, which was possessed by the petitioner as well as the vehicle which was used for the commission of offence, have been recovered and the same is in the custody of police. However, he opposed for granting anticipatory bail to the petitioner.

5.

Considered the submissions made by the learned counsel appearing on either side.

6.

The respondent police registered a case against the petitioner for the offence punishable under Sections 353, 506(1) of IPC and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003. In view of the fact that the contraband, which was possessed by the petitioner as well as the vehicle which was used for the commission of offence had already been recovered by the respondent police and further, the petitioner on his own volition is ready and willing to contribute a sum of Rs.10,000/- for the purpose of welfare activities and also, the other accused involved in this case was secured and released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

7.

Accordingly, 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 VIII Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 and on further condition that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) as undertaken by the petitioner on his own volition, the petitioner shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) through demand draft in favour of "The Director, Cancer Institute(WIA), Adayar, Chennai" for treating Cancer patients under necessary acknowledgment. The above contribution is made without prejudice to his defence before the trial court and the petitioner shall submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioner;

(c) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of 30 days and thereafter, as and when required for interrogation;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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]; and; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 07/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 VIII METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 STATION HOUSE OFFICER, C-2, ELEPHANTGATE POLICE STATION,

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DIRECTOR, CANCER INSTITUTE(WIA) ADAYAR, CC to M/S. B.R.SANKARA LINGAM Advocate on payment of necessary charges Sr.3501 CRL OP.4534/2022 Date :07/03/2022 RVR 10/03/2022