R.Abbas v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL R.Abbas

...Petitioner/Accused no.1

Vs.

The State rep by The Inspector of Police, C2 Race Course Police Station, Coimbatore City District.

(Crime No.338 of 2024)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.338 of 2024 on the file of respondent police.

For Petitioner : Mr.Deepanuday For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 13.07.2024 for the offences under Sections 6(a) and 24(1) of the Cigarette and Other Tobacco Products Act, 2003 and Section 123 of the Bharatiya Nyaya Sanhita, 2023 in Crime No.338 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner/A1 was found in illegal possession of 650 pockets of banned tobacco in his store near the Coimbatore Railway Station. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is a law-abiding citizen and he is ready to furnish substantial sureties for his due release on bail; therefore, he prays for the grant of bail to the petitioner.

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4. Learned Government Advocate (Crl.Side) submitted that the petitioner/A1 was found in illegal possession of 650 pockets of banned tobacco, which is worth about Rs. 11,000/-. He further objected to granting bail to the petitioner by stating that there are 11 previous cases pending against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on both sides, the quantity of material involved in this case, and also taking into consideration the period of incarceration undergone by the petitioner/A1, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 court of Judicial Magistrate - 3, Coimbatore, and on further conditions that: [a]the petitioner shall report before the Inspector of Police, Erode Town Police Station, Erode District, everyday at 10.30 a.m. until further orders;

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[b]the petitioner shall not abscond either during investigation or trial;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d]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];

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the BNS.

13.08.2024 dk To 1.The Judicial Magistrate - 3, Coimbatore 2.Central Prison, Coimbatore.

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3.The Inspector of Police, C2 Race Course Police Station, Coimbatore City District.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

dk 5/6

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