B.Sarankumar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sarankumar B.
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupattur District.
(Crime No.70 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.70 of 2025 pending investigation on the file of the Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District. For Petitioner :
Mr.S.Pachaiyappan For Respondent :
Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 5
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.70 of 2025 registered for the offence under Sections 16(a), 24(1) of the Cigarettes and other Tobacco Products Act, (COTPA) read with Section 123 of BNS.
2. The case of the prosecution is that the petitioner found in illegal possession of Gudka in his petty shop. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has no bad antecedents; that the contraband has been seized and hence his custodial interrogation is not required and sought for anticipatory bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the Page No.2 of 5
contraband has been seized and the petitioner has no bad antecedents.
5. Considering the nature of allegations, the fact that the contraband was seized and the petitioner has no bad antecedents 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.
6.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 at Vaniyambadi, Tirupattur 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; Page No.3 of 5
[b] the petitioner shall report before the Judicial Magistrate at Vaniyambadi, Tirupattur District, daily 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
04.03.2025 rkp Copy to:
1.The Inspector of Police, T4, Madhuravoyal Police Station, Chennai.
2.The Judicial Magistrate at Vaniyambadi.
3.The Public Prosecutor, High Court, Madras.
Page No.4 of 5
SUNDER MOHAN, J.
rkp 04.03.2025 Page No.5 of 5