A. Ananthaselvan @ Ananthaselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A.Ananthaselvan @ Ananthaselvam ... Petitioner/Accused 2 Vs The Inspector of Police, Kadayam Police Station, Kadayam, Tenkasi District.

(Crime No.157 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticpatory Bail in Crime No.157 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 328 IPC and Section 24(1) of the Cigarette and Other Tobacco Products Act, 2003 in Cr.No.157 of 2024 on the file of the 1/5

respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused in this case illegally kept four bags of Ganesh tobacco products, worth about Rs.11,664/- and he informed that the tobacco products were given by the petitioner herein. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, the petitioner is ready and willing to deposit a sum of Rs.30,000/- in favour of the "Chief Educational Officer, Tenkasi District" for the welfare of the Government Schools.

4.The learned Government Advocate(Crl.side) for the respondent submits that the petitioner is having three previous cases pending as against him. 5.Considering the facts and circumstances of this case and the willingness of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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 Judicial Magistrate Court, Tenkasi, Tenkasi District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, 2/5

Tenkasi, Tenkasi District and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily at 10.30 am until further orders. He has to co-operate for the investigation.

iii. As per the willingness expressed by the petitioner, he shall deposit a sum of Rs.30,000/-(Rupees Thirty Thousand only) in favour of the "Chief Educational Officer, Tenkasi District" for the welfare of the Government Schools.

iv. The petitioner shall file a affidavit of undertaking before the respondent Police that he will not indulge in any offence in future.

v. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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vi. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TENKASI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

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

COPY TO:

THE CHIEF EDUCATIONAL OFFICER, TENKASI DISTRICT.

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-7744[I] dated 11/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10174 of 2024 Date :10/07/2024 SA/VR/SAR. /24.07.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5