J Raghaventhiran v. State Of Tamilnadu, Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31633 of 2024 J.Raghaventhiran Petitioner(s) Vs State of Tamil Nadu, Rep. by The Inspector Of Police Alandurai Police Station, Coimbatore District.

(Crime No. 204 of 2024) Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of B.N.S.S. praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 204 of 2024 pending investigation on the file of the respondent police.

For Petitioner :

Mr. C.S.Saravanan For Respondent :

Mr.S.Santhosh, Govt. Advocate (Crl. Side) 1/6

ORDER

Apprehending arrest in connection with Crime No.204 of 2024 registered for the offences punishable under Sections 24(1) of Cigarette and other Tobacco Products Acts 2003 and Section 123 of The Bharatiya Nyaya Sanhita (BNS), 2023, 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 is an innocent person and he has been falsely implicated in this case. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- 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.

3. The case of the prosecution, as putforth by the learned Government 2/6

Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 25.12.2024 at about 15.00 hours, based on the secret information about the hoarding of prohibited hans tobacco products and stored in a godown at Linga Bairavi, Nathekavundanpudur, the respondent police gone there and inspected, wherein many white colour gunny bags were stacked. He would submit that upon inspection, they found the illegal storage of banned tobacco products in those white colour gunny bags containing Cool Lip 350 packets (about 7 kilo), Vimal Pan Masala, 12 packets (about 30 kilo), Hans Tobacco - 2000 packets (about 40 kilo), V1 Tobacco-22380 packets (about 31 kilo), Ganesh Tobacco - 300 packets (about 6 kilo), which are worth about Rs.2.20 lakhs and seized the said materials. He would submit that while conducting enquiry, it was informed that A1 along with the petitioner used to purchase the tobacco products from other States and sold it to retail shops. He further submits that no previous case pending against the petitioner.

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of the "District Legal Services Authority, Coimbatore" without prejudice to the right of defence before the 3/6

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.V, Coimbatore 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 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 4/6

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].

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

19.12.2024 rpp To 1.Judicial Magistrate No.V, Coimbatore.

2. The Inspector Of Police Alandurai Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

5/6

A.D.JAGADISH CHANDRA, J.

rpp Crl.O.P.No. 31633 of 2024 19.12.2024 6/6