Ananatha Selvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.05.2024 PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI Ananatha Selvan ... Petitioner/ Sole Accused Vs The State represented by The Inspector of Police, Pavoorchatram police station, Tenkasi District (Crime No.141 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Saravanakumar Advocate.

For Respondent : Mr.M.Aasha Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.141 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/ Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 506(ii) of IPC and 24(1)COTPO (Cigarette and other Tobacco products Act, 2003, in Crime No.141 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.04.2024, when the police team was in regular vehicle check up, the petitioner's vehicle was intercepted and found in illegal possession of Tobacco products. On seeing the police party, the petitioner left his vehicle and ran away from the scene of occurrence. The contraband was seized and the present case came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the contraband worth about Rs.93,000/-, was seized.

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5. Taking into consideration the facts and circumstances of the case, 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tenkasi, 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 11.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

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[c]the petitioner shall not tamper with the evidence or 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 is 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/05/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, TENKASI DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.SARAVANAKUMAR, Advocate ( SR-5974[I] dated 30/05/2024 )

ORDER

IN CRL OP(MD) No.8044 of 2024 Date :29/05/2024 RK/JGB (03/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5