Sathishkumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN C.Sathishkumar ... Petitioner /Accused-2 Vs.
The State rep. by The Inspector of Police, Kinathukadavu Police Station, Kinathukadavu, Coimbatore District.
... Respondent/ Complainant (Crime No.7 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of arrest in Crime No.7 of 2025 by the respondent Police. For petitioner : Mr.Surya Prakash For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7, 20(1) and 24(1) of Page No.1 of 6
COTPA Act, 2003 r/w Section 123 of BNS, 2023, in Crime No.7 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner, along with the other accused, was found to be in illegal possession of 52 kgs of banned tobacco products in A1's shop. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and only based on the confession of A1, he was implicated in this case and that the contraband was also seized and hence, he prays for grant of anticipatory bail.
4.Learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the contraband was seized and that two previous cases are pending against the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
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6.Considering the fact that the petitioner is sought to be implicated on the confession of A1, the previous cases were registered in the year 2021 and they are bailable offences and that the contraband was already seized and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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 copy of this order, before the Judicial Magistrate No.1, Pollachi, on condition that the petitioner shall execute a bond for 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] 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; Page No.3 of 6
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12.02.2025 ata Page No.4 of 6
To
1. The Inspector of Police, Kinathukadavu Police Station, Kinathukadavu, Coimbatore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Judicial Magistrate No.1, Pollachi.
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SUNDER MOHAN, J.
ata 12.02.2025 Page No.6 of 6