Suman Tanti v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9837 of 2024

1. Suman Tanti 2.Roshan Kumar 3.karan Kumar ... Petitioners Vs.

State Rep by.

The Inspector of Police, F3-Nungambakkam Police Stationm Chennai.

Crime No. 94 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release the petitioners/accused on bail, pending investigation in Crime No. 94 of 2024 on the file of this respondent police. For Petitioner : Mr.A.Vivekram For Respondent : Mr.V.Meganathan, Government Advocate (Crl. side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 26.03.2024 for the alleged offences punishable under Sections 278, 328 IPC r/w Section 24(i) (COTPA) Act Cigarette and other Tobacco Products Act, 2003 in crime No.94 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the accused were found to be illegal possession of 111 kilograms of Banned Tobacco Products. Hence the case.

3. The learned counsel for the petitioners submit that the petitioners have been falsely implicated in this case and they are innocent persons. However, on instructions, the learned counsel further submitted that the petitioners, on his own volition, is ready and willing to contribute a some amount to the charitable purpose as imposed by this Court. Learned counsel prays to grant anticipatory bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that accused were found to be illegal possession of 111 kilograms of Banned Tobacco Products. Further, he submitted that co-accused has been 2/5

released on bail. However, he raised objection to grant bail.

5. Considering the period of incarceration undergone by the petitioner and also co-accused has been released on bail. Hence, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore, Chennai, and on further conditions that: [a] 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 petitioners shall report before the respondent police on every sunday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation. Further, the petitioners shall deposit a sum of Rs.10,000/- each to the credit of 3/5

Madras High Court Advocate Clerks Welfare Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

23.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XIV Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, F3-Nungambakkam Police Stationm Chennai.

3. The Central prison, Puzhal, Chennai - 66.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9837 of 2024 23.04.2024 5/5