Rajivgandhi v. The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.12.2024
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No. 32474 of 2024 Rajivgandhi ... Petitioner Vs The Sub- Inspector of Police, Thiruvennainallur Police Station, Villupuram District [Cr. No. 958 of 2024] ... Respondent 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 his arrest in Crime No. 958 of 2024 on the file of respondent police.
For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offences under Section 123, 274, 275 of BNS 2023 r/w 77 JJ Act 2015 and Cigarette and other Tobacco Products Act 2003 and TN Prohibition of Smoking and Spitting Act 2003 in Crime No.958 of 2024, on the file of the respondent 1/7
police seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner along with other accused found with 1500 pieces of Hans, 400 piece of Coolip and 1500 pieces of Vimal, totally 38 kgs and 550 grams. 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. The petitioner 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 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 found with 1500 pieces of Hans, 400 piece of Coolip and 1500 pieces of Vimal and one previous case is pending against the petitioner and further, considering the gravity of offence, he opposed for grant of 2/7
anticipatory bail to the petitioner.
5.
Considering the representations made by both sides and nature of offences charged against the petitioner and considering that contraband was seized by the respondent police and also considering the fact that the though one previous case is pending against the petitioner, he was released on bail, 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/her appearance, within a period of fifteen
(15) days from the date of receipt of a copy of this order before the Judicial Magistrate, Thiruvennainallur 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.50,000/- (Rupees fifty Thousand only) as non-refundable to 3/7
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 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 4/7
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].
[h] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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L.VICTORIA GOWRI J.
nsl Crl.O.P.No. 32474 of 2024 6/7
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