Krishnamurthy v. The State Rep. By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Krishnamurthy
...Petitioner/Accused-2
Vs.
State rep by The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.
(Crime No.53 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.53 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.E.Sathiyaraj Elangovan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.53 of 2025 registered for the offence under Sections 275, 123 of BNS, 2023 and Section 24(1) of COTPA.
2. The case of the prosecution is that A1 was found in possession of Page No.1 of 5
banned tobacco products worth about Rs.7,737/-; that his confession revealed that the contraband has been purchased from the petitioner.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that the contraband was seized and since custodial interrogation of the petitioner is not required for the purpose of investigation, he sought for grant of anticipatory bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that contraband was seized and the petitioner has no bad antecedents.
5. 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.
6. Considering the nature of allegations, period of incarceration, the fact that the contraband was seized and the petitioner has no bad antecedents Page No.2 of 5
and since 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 learned Judicial Magistrate - II, Tiruvannamalai District, 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 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; [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 Page No.3 of 5
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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
28.02.2025 rkp Copy to:
1.The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.
2.The Judicial Magistrate - II, Tiruvannamalai District. 3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
rkp Page No.4 of 5
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