Inayathulla v. The State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.10.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.26674 of 2024 Inayathulla ... Petitioner / A4 Vs State rep. by The Inspector of Police, Keezhkuppam Police Station, Chinnasalem circle, Kallakurichi District.
(Crime No.347 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.347 of 2024, on the file of the respondent.
For Petitioner : Mr.S.B.Viswanathan For Respondent : Mr.S.Vinothkumar Government Advocate (Criminal Side) 1/6
ORDER
The petitioner/A4, who was arrested and remanded to judicial custody on 16.10.2024 for the offences punishable under Sections 275 and 123 of Bharatiya Nyaya Sanhita (BNS), 2023 r/w 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.347 of 2024, on the file of the respondent, seeks bail.
2.The case of the prosecution is that petitioner along with other accused were found in illegal possession of 953 Kgs of banned tobacco products (Gutka) worth about Rs.1,00,000/-. 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 16.10.2024. He would further submit that the petitioner is ready to abide by any stringent 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 Government Advocate (Crl. Side) for the respondent would submit that the petitioner was found in possession of 953 Kgs of banned tobacco products (Gutka) worth about Rs.1,00,000/-. He would further submit that there are three previous cases against the petitioner and the material has been seized. However, he raised serious objection 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 though the petitioner is having three previous cases, in all the cases bail was granted and also considering the number of days of incarceration undergone by the petitioner, 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 Learned Judicial Magistrate - II, Kallakurichi, and on further 3/6
conditions that;
[b] the Petitioner shall report before the respondent police on all working days at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.
[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 - II, Kallakurichi. 2.The Inspector of Police, Keezhkuppam Police Station, Chinnasalem circle, Kallakurichi District.
3.Central Prison, Cuddalore.
4.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
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