Mahalingam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mahalingam ... Petitioner/Accused No.2 Vs The State Rep by its, The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.271 of 2024) ... Respondent/Complainant For Petitioner : Arunraj K, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.271 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 275 and 123 BNS r/w. 6 and 24(1) of Cigarette and Tobacco Products Act, 2003 in Crime.No.271 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein was illegally found in possession of banned Tobacco Products. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police and perused the materials available on record.

4. Considering the nature of allegations in this case that in the ground floor there is a petty shop which is selling the banned Tobacco products including cool lip which is said to be spoiling the young kids and that the petty shop owner and the other accused are safely keeping the tobacco products in the advocate's office belonging to the petitioner and only considering the undertaking given by the 2/5

learned counsel for the petitioner that the petitioner did not do the same intentionally and that he will file an affidavit while executing the surety that he will shift the office within one month from the date of execution of the surety, I am inclined to enlarge the petitioner on anticipatory bail. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri on condition that the petitioner shall execute a bond for a sum of Rs.

said fact shall be intimated to the Investigating Officer after shifting the office within a period of 3 days;

(c) the petitioner shall report before the respondent police daily at 9.00 am 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; 4/5

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate, Musiri

2. Do-Through, The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, Musiri Police Station, Trichy District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-12700[I] dated 18/10/2024 ) ORDER IN CRL OP(MD) No.17376 of 2024 Date : 18/10/2024 SI -(07.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5