Bellappa v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 328 of IPC and Sections 7(5) and 20(2) of Cigarette and Other Tobacco Products Act, 2003 in Crime No. 5 of 2024, seek anticipatory bail.

2. It is stated that the accused Nos. 1 to 3 were found in possession of 124kgs of Banned Tobacco Products. The first accused has been arrested. There is one previous case against the first petitioner.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Walajapet, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

[c] Additionally, the petitioners are directed to deposit a sum of Rs.30,000/- jointly, to the credit of Cr.No. 5 of 2024 and on such depsoit, thelearned Judicial Magistrate No.I, Walajapet, may hand it over to the Government Hospital, Ranipet, for treatment of needty patients. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

29.02.2024 vsg C.V.KARTHIKEYAN, J.

Vsg 29.02.2024