Anandakannan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Anandakannan 2.Radhakrishnan ... Petitioner Vs.
State rep. by Inspector of Police, Mangalampet Police Station, Cuddalore District.
(Crime No.269 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.269 of 2024 on the file of the Respondent Police. For Petitioner :
Mr.T.Meganathan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side.)
O R D E R
Petition seeking bail in respect of Crime No.269 of 2024 registered for the offences punishable under Sections 274, 275, 123 of BNS, 2023 r/w.24(1) Cigarette and other Tobacco Products Act, 2003, is on board for consideration. 1/6
2.The incarceration of the petitioners being from 04.12.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He also submits that the petitioners are no way connected with the alleged offences and they are ready to abide by any stringent condition that may be imposed by this court. He also submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.10,000/- each to any welfare scheme of the Government or any other organization.
3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners were found to be in possession of 21.1 kgs of banned tobacco products (Hans packets - 885 Nos., Vimal packets - 720 Nos and V1 packets - 720 Nos), worth about 24,900/-. He further submits that there are no previous cases against the petitioners.
4.Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of the "The Satkaarya Trust, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai - 600 099, ICICI Bank Kilpauk Branch, A/c. No.027801002323, IFSC 2/6
Code No. ICIC0000278" 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.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned Judicial Magistrate No.II, Vriddhachalam, Cuddalore District, and on further conditions that:
[a] 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 petitioners shall report before the respondent police, every day at 10.30 a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/6
[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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
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To 1.The Judicial Magistrate No.II, Vriddhachalam, Cuddalore District 2.The Inspector of Police, Mangalampet Police Station, Cuddalore District.
3.The Superintendent, Central Jail, Cuddalore 4.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
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