Siddiq v. Home, Prohibition And Excise Department
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 24(1) of COTP Act 2003 & Section 328 IPC, in Crime No.385 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of banned tobacco products. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
Page No.1/4
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioners and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period fifteen days from the date on which, the order copy is made ready, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that each of 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 Page No.2/4
further condition that:
[a] the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Arignar Anna Government Hospital of Indian Medicine, A/c. 110101106507, Canara Bank, IFSC Code : CNRB0016021 (Siddha) Aminjikarai, Chennai-29,, within a period of two weeks from the date of receipt of copy of this order, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;
[b] the petitioners 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.
[c] the 1st petitioner shall report before the respondent police on every Wednesday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation. The 2nd petitioner shall report before the respondent police as and when required for interrogation.
Page No.3/4
T.V.THAMILSELVI, J.
msrm [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
20.06.2024 msrm Crl.O.P.No.14287 of 2024 Page No.4/4