Hukam Chand v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner/third accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6, 24(!) of COTPA Act of 2023 and 273, 328 of IPC in Crime No.209 of 2023, seeks anticipatory bail.

2. It is stated that the accused Nos. 1 and 2 were in possession of 20 packets each containing banned tobacco products. On the basis of the confession of the accused Nos. 1 and 2, this petitioner has been implicated as a further accused.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, 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 on which the order copy made ready, before the XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the

petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further order.

[c] the petitioner shall deposit a sum of Rs.20,000/- to the credit of the Dean, Government Stanley Hospital, Chennai, for treatment of needy patients.

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

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

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.01.2024 vsg

C.V.KARTHIKEYAN , J.

vsg 12.01.2024