A.Deep Singh v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.155 of 2024 registered for the offences punishable under Section 328 of IPC and Sections 7 and 20(1) of Cigarette and other Tobacco Products Act and Section 4(1)(a) of TNP Act, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution is that the petitioner was illegally transported 555 kgs of banned tobacco products. Hence the case.

3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and that a case of selling banned tobacco products has been fabricated against him. He also submits that without prejudice to the defence and contention, he is ready and willing to deposit a sum of Rs.20,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and A1 in this case Page No.1 of 5

has been arrested and later, released on bail.

4. 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 petitioner had illegally transported 555 kgs of banned tobacco products. He would further submit that there is no previous case against the petitioner.

5.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the District Legal Services Authority, Krishnagiri District, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

6.Further, having heard the learned counsel for the petitioner 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 petitioner with certain conditions and accordingly, he Page No.2 of 5

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 Judicial Magistrate No.II, Hosur, Krishnagiri, on condition that the petitioner shall execute a 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 fails 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 6.30 p.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 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 Page No.3 of 5

[(2005)AIR SCW 5560];

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

02.12.2024 vkr Page No.4 of 5

A.D.JAGADISH CHANDIRA , J.

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