Ravindr Chaudhri v. The State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Ravindr Chaudhri S/o. Bhola Chaudhari ... Petitioner/Accused Vs.
The State represented byThe Inspector of Police, Tiruppur Central Police Station, Tiruppur.
(Crime No.96 of 2025).
... Respondent PRAYER: The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner, in connection with the Crime No.96 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Thinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences under Sections 123 and 286 of B.N.S. in connection with the case in Crime No.96 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other 1/6
accused was found to be in illegal possession of banned tobacco products of 17.787 kgs. Hence the case.
3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 29.01.2025; that co-accused were already granted bail and since the contraband has been seized, the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner, who is A1, has one previous case.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.
6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
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7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five thousand only) as non refundable deposit to "District Legal Services Authority, Tiruppur", without prejudice to his rights and contentions before the trial Court. Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.
8. Considering the nature of allegations and since further custody is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of "District Legal Services Authority, Tiruppur", without prejudice to his rights and contentions before the trial Court and on such deposit and 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 of receipt 3/6
of a copy of this order, before the learned Judicial Magistrate No.II, Tiruppur on condition that the petitioner shall 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 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 conditions 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 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 4/6
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.
07.02.2025 mjs To
1. The Judicial Magistrate-II, Tiruppur.
2. The District Legal Services Authority, Tiruppur.
3. The Inspector of Police, Tiruppur Central Police Station, Tiruppur.
3. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
mjs 07.02.2025 [1/2] 6/6