Mariyappan v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Mariyappan 2.Karthick : Petitioners/Accused No.2 & 3 Vs.

The State of Tamil Nadu Represented by the Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

(Crime No.378 of 2024) : Respondent/Complainant For Petitioners :

Mr.K.Raju, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.378 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 123 of BNS 2023 and Sections 6(b) and 24(1) of Cigarette and Other Tobacco Products Acts 2003, in Crime No.378 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners procured banned Tobacco products from other State and it was sold to A1. It was brought in the Auto Ricksha belonging to A3 and it was sold to shop belonging to the brother of A1. Totally 6.750 kgs of Tobacco products were seized. A1 was arrested in this case. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Taking into consideration the facts and circumstances of the case and considering the fact that the Tobacco products have been seized and these petitioners have been made as accused, based on the confession of the co-accused and there is one previous case against the petitioners similar in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.II, Sattur, 2/5

Virudhunagar District, on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police on every Friday at 05.30 pm for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 09/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS To 1.The Judicial Magistrate No.II, Sattur, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.485 of 2025 Date :09/01/2025 4/5

ED/ SKN /SAR- (24/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5