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Madras High CourtCRL OP/7294/2025granted

Ramanathan v. The State Represented By, The Inspector Of Police,

2025-03-13Honourable Mr Justice Sunder Mohan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ramanathan ... Petitioner /Accused Vs.

The State represented by The Inspector of Police, E-1, Singanallur Police Station, Coimbatore District.

... Respondent/ Complainant Crime No.157 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 his arrest in Crime No.157 of 2025, pending investigation on the file of the respondent police.

For petitioner : Mr.R.Parthiban 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 6(a) r/w 24(1) of the Page No.1 of 7

Cigarette and Other Tobacco Products Act, 2003 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.157 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that, the co-accused was found in possession of 6.475 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 the petitioner has no bad antecedents.

5. Considering the nature of allegations; the fact that the petitioner Page No.2 of 7

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 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, 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 Page No.3 of 7

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 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 Page No.4 of 7

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 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To

1. The Inspector of Police, E-1, Singanallur Police Station, Coimbatore District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Judicial Magistrate-III, Coimbatore Page No.5 of 7

SUNDER MOHAN, J.

skr Page No.6 of 7

13.03.2025 Page No.7 of 7