Yuvaraj @ Settu v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2024

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Yuvaraj @ Settu ... Petitioner Vs State by Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District [Cr. No. 926 of 2024] ... Respondent For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) PRAYER: The Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 praying to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.926 of 2024 on the file of respondent police.

ORDER

The petitioner, apprehends arrest for the alleged offences under Section 275, 123, 62 of BNS, 2023 and 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.926 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused/A1 were found to be in illegal possession of 27 pockets of HANS each weighing 20 grams, 36 pockets of cool lips weighing 8.28 grams, 67 pockets of Vimal Pan Masala each weighing 2.5 grams and 40 pockets of V1 Tobacco weighing 14 grams altogether weighing 1Kg and 20 grams of banned tobacco products. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that based on the confessional statement of 1st accused, he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused were in illegal possession of 1Kg and 20 grams of banned tobacco products. Hence, he opposed for grant of anticipatory bail to the petitioner. 2/6

5.Considering the facts and circumstances of the case and also the submissions made by the learned counsels on either side and considering that contraband was seized by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate, Arni, Thiruvannamalai District 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 and on further condition that:

[a] the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable to the credit of Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Account No. 30700985498, State Bank of India, Tiruchuli, IFSC Code: SBIN0003832, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the 3/6

concerned Court.

[b] the petitioner shall report before the respondent police on everyday at 10.30 A.M. for a period of 30 days and thereafter as and when required for interrogation; [c] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[d] the petitioner shall not leave India without the previous permission of the Court.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [g] 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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[h] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

27.12.2024 nr L.VICTORIA GOWRI J.

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nr 27.12.2024 6/6