Jayasundari v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2025
CORAM
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI CRL OP No. 16050 of 2025 Jayasundari ... Petitioner vs The State Represented by, Inspector of Police, Thondamuthur Police Station, Coimbatore District.
Crime No.108 of 2025
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No. 108 of 2025 pending investigation on the file of the respondent police For petitioner :
Mr.Deepan Uday For Respondent :
Mr.A Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 24(1) of Cigarette and Other Tobacco Products, 2003 r/w under Section 123 of BNS Act in Crime No.108 of 2025, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other 1/4
accused person were found in selling of gutkha products illegally. Hence, the case.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence and she has been falsely implicated in this case and custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4. The learned Additional Public Prosecturo appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case.
5. Heard both sides and perused the materials available on record including the First Information Report.
6.Taking into consideration the submission of both sides, nature of the allegations 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. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Coimbatore on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- 2/4
(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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 as and when required for interrogation.
[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 K. GOVINDARAJAN THILAKAVADI.J GV petitioner in accordance with law as if the 3/4
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.
28.05.2025 "Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code."
To:
1.The learned Judicial Magistrate No.VI, Coimbatore.
2.The Inspector of Police, Thondamuthur Police Station, Coimbatore District.
3. The Public Prosecutor, High Court, Madras.
CRL OP No. 16050 of 2025 4/4