Omprakash v. The State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Om Prakash ... Petitioner /Accused Vs.
The State rep. by Inspector of Police, Virudampet Police Station, Vellore District.
... Respondent/ Complainant Crime No.26 of 2025.
Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in Crime No.26 of 2025 on the file of the respondent police. For petitioner : Mr.K.Sathish Kumar 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 Sections 7(5) and 20(2) of the Cigarette and Other Tobacco Products Acts, 2003, and Section 123 of BNS, Page No.1 of 8
2023 in Crime No.26 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, the co-accused was found in possession of 43 kgs of banned tobacco products and the petitioner was implicated on the confession of the co-accused.
3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there is one previous case against the petitioner and he is on bail in that case.
5. Considering the nature of allegations; 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 Page No.2 of 8
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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-III, Vellore, Vellore District, 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.
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[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 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. 13.03.2025 Page No.4 of 8
Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8
To
1. The Inspector of Police, Virudampet Police Station, Vellore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate-III, Vellore, Vellore District. Page No.6 of 8
SUNDER MOHAN, J.
skr Page No.7 of 8
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