Jeta Ram v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Jeta Ram S/o Pra Ram, Ghachiyo ka bera, Paharapura, Jalor, Rajasthan.
Petitioner(s) Vs State By, The Inspector of Police, Maharajakadai Police station, Krishnagiri District.
(Crime No. 26 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime. No. 26 of 2025 pending Investigation on the file of the respondent police For Petitioner(s):
Mr. P M Jayachandran For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 123 of BNS Act r/w 7, 20(1) of COTPA Act, 2003 in Crime No.26 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner was found to have illegally transported banned Tobacco in his car. Hence, the case.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the contraband was seized. He further submitted there is no previous case against the petitioner.
5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents, the fact that the contraband was 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.
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 No.II, Krishnagiri, on condition that the petitioner shall execute 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 petitioner 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 petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d]the petitioner shall not abscond 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 of B.N.S. 10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State By, The Inspector Of Police, Maharajakadai Police station, Krishnagiri District (Crime No. 26 of 2025)
SUNDER MOHAN J.
CRL OP No. 6739 of 10-03-2025