Anup Bhumij v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.09.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.22406 of 2024 Anup Bhumij ... Petitioner / Accused Vs State rep. by The Inspector of Police, SIPCOT Police Station, Krishnagiri District.
(Crime No.271 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the petitioner on bail in Crime No.271 of 2024, on the file of the respondent.
For Petitioner : Mr.J.Pradeep For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.08.2024 for the offences punishable under Section 275 of BNS, 2023 and Sections 7 and 20(i) of COTPA Act, 2003, and Section 77 of JJ Act, in Crime No.271 of 2024, on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 26.08.2024, when the respondent were on their regular patrol duty, the petitioner was found in illegal possession of 2.640 kgs of banned tobacco products in his shop for the purpose of selling. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been in custody from 26.08.2024 and that there is no previous case against the petitioner. He would further submit the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
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4.The learned Additional Public Prosecutor for the respondent would submit that the petitioner was found in illegal possession of 2.640 kgs of banned tobacco products. She would further submit that there is no previous case against the petitioner. However, she vehemently opposed to grant bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
6. Considering the nature of offences and that no previous case is pending against the petitioner and also considering the number of days of incarceration undergone by the petitioner and all other aspects, this Court is inclined to grant bail to the petitioner subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate No.II, Hosur, and on further conditions that; [b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and required for interrogation. 3/6
[c] the petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[e] the petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The Judicial Magistrate No.II, Hosur.
2.The Inspector of Police, SIPCOT Police Station, Krishnagiri District.
3.Sub Jail, Hosur.
4.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
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