Jora Ram v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI Jora Ram S/o.Jag Mal, 6/312, B.S.Sundharam Street, Dhanalakshmi Store, Avinashi, Tiruppur - 641 654.

Petitioner/A9 Vs The State Rep by The Inspector of Police, Perumanallur Police Station, Tiruppur District. (Crime. No. 251 of 2024) Respondent(s) For Petitioner(s): C S Saravanan C S For Respondent(s): V.Meganathan, Government Advocate (crl. Side)

ORDER

Apprehending arrest in connection with Crime No.251 of 2024 registered for the offences punishable under Sections 284, 328 of IPC and 24(1) of Cigarette and other tobacco products Act, 2003, the present petition has been filed by the petitioner seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner, without prejudice to the defence and Page No.1 of 6

contention, is ready and willing to deposit a sum of Rs.50,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail, is that the petitioner along with A1 to A8 had purchased banned tobacco products from Karnataka and the same was sold in Tamil Nadu. He further submitted that the petitioner arrayed as an Accused No.9. He further submitted that the value of the contraband products worth about Rs.4,00,000/-. He further submitted that the co-accused A1 to A8 were arrested and released on bail. He further submitted that one previous case is pending against the petitioner.

4. Considering the voluntary submission made by the learned counsel Page No.2 of 6

for the petitioner, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the Tamil Nadu Advocate Clerks Association, Chennai, Current Account No. 484026006, IFSC Code No. IDIB000M157, Indian Bank, High Court Branch, 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 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 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, Avinashi, 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 Page No.3 of 6

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 everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

13.02.2025 MSM Page No.5 of 6

T.V.THAMILSELVI, J MSM Crl.O.P.No.31238 of 2024 13.02.2025 Page No.6 of 6