Ayub v. The State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.10830 of 2025 Ayub S/o. Mohammed Rafeek ....Petitioner/Accused - 14 Vs The State represented by The Inspector of Police, CSCID Police Station, Tiruppur District (Crime No.378 of 2024) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.378 of 2024, on the file of the respondent police.
For Petitioner : Mr.C.S. Saravanan For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) 1/6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 19(c)(v), 25(1) of the Fertilizer Control Order, 1985 r/w 7(1)(2)(ii) 0f the Essential Commodities Act, 1955, in Crime No.378/2024, on the file of the respondent, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner along with other accused had illegally stored paddy and fertilizer.
3. The learned counsel appearing for the petitioner would submit that the allegations are false; that the petitioner is implicated based on the confession of the co-accused; that some of the co-accused have been granted bail by this Court and that in any case custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that 2/6
the petitioner is implicated based on the confession of the co-accused.
5. Considering, the nature of allegation against the petitioner, the fact that the contraband was seized from the co-accused, that the petitioner is implicated on the confession of the co-accused and that some of the co-accused have been granted bail by this Court and since, 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 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, Tiruppur, on condition that the petitioner shall execute a 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: 3/6
[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 everyday at 10:30 a.m., until further orders.
[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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 15.04.2025 bga To
1. The Judicial Magistrate No.II, Tiruppur
2. The Inspector of Police CSCID Police Station, Tiruppur District.
3. The Public Prosecutor, High Court, Madras. 5/6
SUNDER MOHAN, J.
bga Crl.O.P. No.10830 of 2025 15.04.2025 6/6