Subash Chandra Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 06.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Subash Chandra Bose ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.311 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Alagusundar, Advocate For Respondent : Ms.RMS.Sethuraman Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.311 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353 and 506(i) of IPC and Section 1/5

6, 24(1) of Cigarette and Other Tobacco Producs Act, 2003 in Crime No.311 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on a vehicle check-up, the respondent police intercepted the accused persons and at that time, they abused the police personnels in filthy language and criminally intimidated them and on search, they recovered banned tobacco products and seized the same. Hence, the case. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner has not committed any offence, as alleged by the prosecution and he was falsely implicated in this case. Hence, he would pray for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that on a vehicle check-up, the respondent police intercepted the accused persons and at that time, they abused the police personnels in filthy language and criminally intimidated them and on search, they recovered banned tobacco products and seized the same. He would strongly oppose to grant anticipatory bail to the petitioner. 2/5

5.Considering 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 on which the order copy made ready, before the learned Judicial Magistrate-V, Tirunelveli, 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 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 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 appear before the Trial Court on issuance of summons. 3/5

[c] the petitioner shall not tamper with 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 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 229A IPC.

sd/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.S.ALAGUSUNDAR, Advocate ( SR-14777[I] dated 06/10/2023 )

ORDER

IN CRL OP(MD) No.17873 of 2023 Date :06/10/2023 SS/VRS/16/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5