Prabhu v. State Rep By, The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30954 of 2024 PRABHU No.145, Vinayagar Kail Street, Ottampattu Post,Vilupuram, Tamil Nadu-604205No 145 Vinayagar Koil Street Ottampattu Post Vilupuram Petitioner(s) Vs State rep by, The Sub Inspector of Police Kedar Police Station, Villupuram District. (Crime No.309 of 2024) Respondent(s) For Petitioner(s):
Appaswamee VR R.Sasikumar V.Vijayarajan S.Thiyagarajan A.Tamilselvan For Respondent(s):
Public Prosecutor
ORDER
Apprehending arrest in connection with Crime No.309 of 2024 registered for the offences punishable under Sections 274, 275, 123 BNS and Sections 6(b) & 24(1) of COTPA Act and Section 77 of the Juvenile Page No.1 of 6
Justice Act, 2015, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner/A2, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.3,000/- to any welfare scheme of the Government or any other organization and 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, opposing for grant of bail, is that the petitioner along with other accused was found to be in illegal possession of banned tobacco products viz., 50 packets of hans chaap tobacco and 8 packets of cool lip-07, worth about Rs.4,000/-. He further submitted that there are no previous case against the petitioner.
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4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the "Tamil Nadu Social Welfare Association, Online donation S.B. A/C.No.1040101021223, Canara Bank, Arumbakkam Branch. HDFC Bank, Nelson Manickam Road, S.B.A/C No.50100000788448, Google pay: 7449247213" 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 No.II, Villupuram, 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 Page No.3 of 6
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 everyday 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 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.
12.12.2024 Anu To 1.The Judicial Magistrate No.II, Villupuram
2. The Sub Inspector of Police Kedar Police Station, Villupuram District.
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A.D.JAGADISH CHANDIRA , J.
Anu 12.12.2024 Page No.6 of 6