Mukesh @ Mukesh Choudhary v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Mukesh @Mukesh Choudhary ... Petitioner /Accused Vs.
State rep. by The Inspector of Police, Saravanampatti Police Station, Coimbatore City, Coimbatore District.
... Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.445 of 2024 pending on the file of the respondent police For petitioner : Mr.C.S.Saravanan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 24(1) of the Cigarette and other Tobacco Products Act, 2003 and Section 123 of BNS, 2023 in Crime Page No.1 of 7
No.445 of 2023 seeks anticipatory bail.
2. The case of the prosecution is that, the co-accused was found in possession of 246.711 kgs of banned tobacco products and the petitioner was implicated on the confession of the co-accused.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for anticipatory bail to the petitioner.
4. The 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 petitioner has no bad antecedents.
5. Considering the nature of allegations; the fact that the petitioner has no bad antecedents; that the petitioner is sought to be implicated based on the confession of the co-accused; that no contraband was seized from the petitioner; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this court is inclined to grant anticipatory Page No.2 of 7
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 on which the order copy made ready, before the learned Judicial Magistrate No.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 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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 daily at 10:30 a.m.
[c] the petitioner shall not tamper with evidence or witness either during investigation or Page No.3 of 7
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 Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.4 of 7
To
1. The Inspector of Police, Saravanampatti Police Station, Coimbatore City, Coimbatore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate No.II, Coimbatore.
Page No.5 of 7
SUNDER MOHAN, J.
skr Page No.6 of 7
12.03.2025 Page No.7 of 7