P.Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN P.Nagaraj ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Natham Police Station, Dindigul.

Crime No.243 of 2023.

... Respondent/Complainant For Petitioner : M/s.E.Satish Rajkumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.243 of 2023 on the file respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under section 328 of IPC and section 6(a), 24(1) of COTPA Act, 2003 in Crime No.243 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of banned tobacco products worth about Rs.2,50,0000/-. Hence, a case has been registered.

3.Heard both sides and perused the materials available on record including the First Information Report. 4.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner and also the fact that he is only a distributor, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the 1/3

Judicial Magistrate, Natham, Dindigul District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two blood related sureties each for a like sum to the satisfaction of the respondent Police or to 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 make a non refundable deposit for a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) 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]; and; (g) if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(h) the petitioner shall file an undertaking affidavit before the respondent police that he will indulge in similar type of offences again. If he violates the said undertaking the anticipatory bail granted to the petitioner shall stand cancelled automatically and the respondent is at liberty to secure the petitioner and proceed in accordance with law. sd/- 06/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO 1 THE JUDICIAL MAGISTRATE, NATHAM, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND (CMPRF), GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI - 9.

ORDER

IN CRL OP(MD) No.9479 of 2023 Date :06/06/2023 RS/VR/SAR-(12.06.2023) 3P 6C 3/3