Kiblath Khan v. The State Rep. By Its
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.341 of 2024 registered for the offence punishable under Section 123 of BNS r/w 24(1) of COPTA Act, 2003, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been registered against them. He also submits that the petitioners, without prejudice to the defence and contention, they are ready and willing to deposit a sum of Rs.25,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.
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3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioners were found to be in illegal possession of 420 kilograms of banned tobacco products. He would further submit that one previous case of similar nature is pending against the 1st petitioner.
4.Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners 2 and 3 are directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the District Legal Services Authority, Namakkal without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
5.Further having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 alone with certain conditions and Page No.2 of 5
accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchengode, Namakkal District on condition that the petitioners 2 and 3 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners 2 and 3 fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioners 2 and 3 shall report before the respondent Police everyday at 06.30 p.m until further orders; [c] the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 2 and 3 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 Page No.3 of 5
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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
6.Taking into consideration the fact that one previous case of similar nature is pending against the 1st petitioner, this Court is not inclined to grant anticipatory bail to the 1st petitioner. Accordingly, the Criminal Original Petition in respect of the 1st petitioner stands dismissed and in respect of the petitioners 2 and 3, the Criminal Original Petition is ordered. 26.11.2024 vv2 Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
vv2 26.11.2024 Page No.5 of 5