Mukesh Choudhary v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Mukesh Choudhary Petitioner Vs State Rep By, The Inspector of Police Thudialur Police Station Coimbatore City, Coimbatore District (Crime. No. 260 of 2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No. 260 of 2025 pending investigation on the file of the respondent police. For Petitioner:

Mr.C S Saravanan C S For Respondent:

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 of the Bharatiya Nyaya Sanhita (BNS), 2023 (328 IPC) r/w 24(1) of Cigarettes and Other Tobacco Products Acts, 2003 in connection with Crime No.260 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the A1 along with other accused were found in possession of 349 Kgs of banned tobacco products. Based on the confession statement of A1, the petitioner herein, has been implicated in this case.

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 would submit that the petitioner sought to be implicated only based on the confession of A1 and the co-accused has been arrested and also granted bail. He

further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.50,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is arrayed as A2. He submitted that the petitioner was arrested only on the confession of A1 and the petitioner hails from Karnataka and if he released on bail, there is a possibility of abscondance.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the above facts and circumstances 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.

7. 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 is made ready, before the learned Judicial Magistrate No.1, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, of whom, one surety should be a local surety 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 petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) (Non refundable) towards the account of MR.

DIRECTOR & JAO GOVERNMENT ANNA MEMORIAL CANCER INSTITUTE (WIA), Kancheepuram Main [0157], Savings Bank Account maintained at Indian Overseas Bank, Kancheepuram Main Branch, No.27, Vazhakkarutheeswar Koil Street, Kancheepuram-631 501, Tamil Nadu, India, bearing SB Account No.015701000013540, IFS Code No.

No.600020152 and to produce the Bank Challan before the Judicial Magistrate No.1, Coimbatore and the receipt shall be produced at the time of executing the bond; [b] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[c] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [d] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required;

[e] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [f] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[g] the petitioner to give an undertaking that if

required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police Thudialur Police Station Coimbatore City, Coimbatore District.

2.The Judicial Magistrate No.1, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17106 of 17-06-2025