Karpagavalli v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karpagavalli ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Puliyarai Police Station, Tenkasi District.

In Crime No. 236 of 2024. ... Respondent/Complainant For Petitioner : M/s. Dinesh. 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. 236 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 296(b), 132, 123 and 351(3) of BNS (hereinafter referred to as new penal code) and Section 24(1) of Cigarette and Other Tobacco Products Acts, 2003 in Crime No.236 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2 have purchased huge quantity of banned Tobacco products weighing 42 Kgs from A5 in Bangalore. There are totally four accused persons in this case and the petitioner has been arrayed as A4.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that there are no previous cases against the petitioner and A2, who was arrested in this case was also enlarged on bail in Crl.O.P(MD)No.19341 of 2024 by order, dated 11.11.2024 and also considering the fact that A3 has already been granted anticipatory bail by this Court in Crl.O.P(MD)No.19569 of 2024, by order, 2/5

dated 13.11.2024, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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 learned Judicial Magistrate, Senkottai, 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] 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. [c] the petitioner shall report before the respondent police 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 3/5

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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO

1. THE JUDICIAL MAGISTRATE, SENKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI

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

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

+1 CC to M/s.K.DINESH, Advocate ( SR-14033[I] dated 14/11/2024 ) 4/5

ORDER

IN CRL OP(MD) No.19684 of 2024 Date :14/11/2024 RK/ (23/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5