Joseph Kanagaraj v. The Senior Intelligence Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Joseph Kanagaraj ... Petitioner/Accused Rank not known Vs The Senior Intelligence Officer, Directorate of Revenue Intelligence, Thoothukudi, Thoothukudi District.

Crime No.Not known of 2024.

... Respondent/Complainant For Petitioner :

Mr.C. Jeganathan, Advocate.

For Respondent :

Mr.C.Arul Vadivel @ Sekar, Special Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. not known of 2024 on the file of the respondent police 1/3

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 132 and 133 of Customs Act in Crime No. not known of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The anticipatory bail petition has been filed by the petitioner based on the summons that has been issued under Section 108 of the Customs Act directing him to appear for recording the statement.

3. The objections have been filed by the respondent by citing reasons as to why the petitioner was asked to attend for the enquiry.

4. In the considered view of this Court, the mere issuance of summons under Section 108 of the Customs Act to appear for recording the statement, cannot be a ground for granting anticipatory bail to the petitioner. This Court has considered this issue in detail in Crl.O.P.(MD)No.6955 of 2022 by an order dated 18.05.2022.

5. The learned counsel appearing for the petitioner submitted that summoning the petitioner to record his statement will result in violation of Article 20(3) of the Constitution.

6. This question cannot be a ground to entertain this anticipatory bail petition and this has to be challenged by the petitioner in the manner known to law. 2/3

7. In the result, the criminal original petition stands dismissed. sd/- 11/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Senior Intelligence Officer, Directorate of Revenue Intelligence, Thoothukudi, Thoothukudi District.

2.The Special Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.JEGANATHAN, Advocate ( SR-13901[I] dated 12/11/2024 )

ORDER

IN CRL OP(MD) No.19335 of 2024 Date :11/11/2024 ED/ /SAR- (23/11/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3