Aravind Raj v. State Rep. By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 272, 273, 328 of IPC and 6(a), 24(1) of Cigarette and other Tobacco Products Act, 2003 and under Sections 7, 9(ii) of TN Prohibition Smoking & Spitting Act 2003 and under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.125 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal transportation of Mava, 12 pockets totally 18 grams and 13 kgs of Jaritha, with the help of his two wheeler bearing Registration No.TN 30 C 8449, without any valid permission. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this

case. He further submits that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along with other accused persons were found in illegal transportation of Mava, 12 pockets totally 18 grams and 13 kgs of Jaritha, with the help of his two wheeler. He further submits that based on the confession of A1, this petitioner was arrested. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts of the case and the submissions made by the learned counsels, 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 (15) days from the date of receipt of a copy of this order before the learned XV Metropolitan

Magistrate Court, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, 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 and on further condition that: (a)the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Madras High Court Advocate Clerks Welfare Association, Chennai, A/c No.484077244, Indian Bank, High Court Branch, IFSC Code: IDIB000M137 within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m, for a period of eight weeks;

T.V.THAMILSELVI, J.

drl [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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 has been imposed and the petitioner is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

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