P.Ashok v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.04.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.6905 of 2021 Ashok ... Petitioner Vs.

The State Rep. by Inspector of Police, E-3 Saravanamapatty Police Station Coimbatore Dt.

(Crime No.2330 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.2330 of 2020 pending on the file of the respondent.

For Petitioner : Mr.T.Saikrishnan For Respondent : Mr.Charles Premkumar Govt. Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of respondent police for the offence punishable under Section 328 of I.P.C. read with Section 7(2) of Cigarette and other Tobacco Products, 2003, in connection with Crime No.2330 of 2020 on the file of respondent police and this is the second petition seeking for anticipatory bail filed by the petitioner.

2. The case of the prosecution is that when the respondent police was engaged in vehicle check up, they found that the petitioner was in possession of banned tobacco products in 238 bags each bag consist 50 grams. It is also alleged that the petitioner was the main dealer of banned tobacco products and he has transported the banned tobacco products to various places in Coimbatore District. Hence, the complaint was registered against the petitioner.

3. Earlier, this Court had passed an order dated 17.02.2021 in Crl.O.P.No.2239 of 2021 dismissing the petition on the ground that the the investigation is still pending and the arrested accused are still in judicial custody.

4. Today, when the matter taken up for hearing, the learned Government Advocate would submit that the arrested accused A1 and A2 were already released on bail and now the investigation is almost completed.

5. Taking into consideration of the fact that the other arrested accused A1 and A2 were released on bail and now, the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: a) 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 a copy of this order, before the learned Judicial Magistrate-II, Coimbatore, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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, and on further condition that:

[b] 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; [c] the petitioner shall appear before the respondent police daily at 10.30 a.m. for the period of two weeks and thereafter as and when required for interrogation ;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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];

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

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 23/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, E-3, SARAVANAMAPATTY POLICE STATION, COIMBATORE-641 035.

+1 CC to M/S.T.SAIKRISHNAN Advocate on payment of necessary charges SR.No.5257 CRL OP.6905/2021 Date :23/04/2021 cs 28/04/2021