Dinesh Kumar v. State Rep.By

A.D.JAGADISH CHANDIRA, J.

The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20(1) of Cigarette and Other Tobacco Products Act, 2003 r/w. 77 Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.491 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused was found in possession of 2Kg 800 grams of banned tobacco products, which were used to sell to the school students. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the said offences as alleged by the prosecution. He would further submit that the petitioner is arrayed as A-2, based on confession of A-1, petitioner has been implicated in this case and also that, A-1 has been arrested and released on bail. He would further submit that the petitioner is ready and willing to abide by any stringent conditions that may be imposed on him. 1/6

4.The learned Government Advocate (Crl. Side) while opposing for grant of anticipatory bail to the petitioner would submit that, the petitioner along with other accused was found in possession of 2Kg 800 grams of banned tobacco products, who were selling to school students near Vyasarpadi and the contraband were seized. He would further submit that petitioner has one previous case of similar nature. 5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. Hence, he prayed for grant of anticipatory bail to the petitioner. 6.Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7.On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of 2/6

Rs.5,000/- as non refundable deposit to "The District Legal Services Authority, Chennai", without prejudice to his rights and contentions before the trial Court.

8.Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

9. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 10.Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand only) directly to the credit of "The District Legal Services Authority, Chennai", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 of receipt of a copy of this order, before the learned Metropolitan Magistrate No.X, Egmore, on condition that the petitioner shall execute a 3/6

bond for a sum of Rs.15,000/- (Rupees Fifteen thousand 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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders;

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

[e] 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 4/6

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];

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

19.11.2024 dsn 5/6

A.D.JAGADISH CHANDIRA, J.

dsn 19.11.2024 6/6