Ansari v. The State Rep By

Crl.O.P.No.22923 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Section 274, 275, 123 of IPC and 24(1) of COTP Act and 7, 9(ii) of TN Prohibition of Smoking & Spitting Act in Crime No.348 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that the accused was found in possession of Hans 12 pockets, Vimal Pan Masala 90 Pockets and V1 Tobacco 60 pockets. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

1/5

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the accused was found in possession of Hans 12 pockets, Vimal Pan Masala 90 Pockets and V1 Tobacco 60 pockets and he further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and considering the quantity of materials involved in this case and based on the confession statement of the co-accused, the petitioner was arrayed as accused in this case and also considering the fact that the co-accused was arrested and released on bail and that though one previous case is pending against the petitioner, he was released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate No. 1, Villupuram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 2/5

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 further condition that:

[a] the petitioner shall report before the respondent police on every Saturday, for a period of four weeks; [b] 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 of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/5

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].

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

19.09.2024 nsl 4/5

P.DHANABAL, J.

nsl 19.09.2024 5/5