Muniraju v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-05-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI
1. Muniraju S/o. Late. Muneswami, 1-48, Dharamraju Kottalu, Vendugam Palle, Chittore, AP,
2. Thirupathi S/o. Rajappa, 3-65, Bairappa Kottalu, VendugamPalle, Chittore, AP.
3. Lakshmipathy S/o. Sankarappa, 2-68, Vendugampalle, Chittore, AP.
4. Manikandan
83. Thangalikuppam, Agaram.
Cuddalore District.
Petitioner(s) Vs
1. The State Rep.by, The Inspector of Police, Panruti Police Station, Cuddalore District (Crime No. 206 of 2025 )
Respondent(s) PRAYER To enlarge the petitioners/3-6 Accused on bail in the event of their arrest in connection with Crime No. 206/2025 to the petitioners pending investigation on the file of the respondent police For Petitioner(s):
Vishwanth S C For Respondent(s):
Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 123, 275 of BNS r/w Section 24(1) of the Cigarette and other Tobacco Products Act in Crime No.206 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with another accused were in illegally possession of Hans 4200 pouches of banned tobacco products of weight approximately of 150kgs. Hence the case.
3. Learned counsel appearing for the petitioners submitted that the petitioner are innocent person and he has been falsely implicated in this case.
He also submitted that the petitioners are no way connected with the alleged offence, however, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.1,00,000/- to any welfare scheme of the Government or any other organization and he is ready to abide by any stringent condition that may be imposed by this Court.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and submitted that the contraband was seized.
5. Heard both sides and perused the materials available on record.
6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non-refundable deposit, to the credit of Manolaya, Home for Mentally Ill Destitute, Bank Name: Indian Overseas Bank, Branch: Kottaram, IFSC Code: IOBA0000253, Account Name: Manolaya,
Account No.025302000000284, UPI ID: 6379484925@okbizicici, Gpay:9443307196, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and considering the fact that the petitioners without prejudice their rights, on their own volition, is ready and willing to contribute some amount to any charitable trust, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail in the even of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.I, Panruti, on condition that the petitioners 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 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, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
09-05-2025 AT
To 1.The State Rep.by, The Inspector of Police, Panruti Police Station, Cuddalore District (Crime No. 206 of 2025 )
L.VICTORIA GOWRI J.
AT CRL OP No. 14817 of 09-05-2025