Nirmalraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Nirmalraj ... Petitioner / Accused No.4 Vs The State of Tamil Nadu Represented by the Sub-Inspector of Police, Vangal Police Station, Karur District.
(Crime No.330 of 2024) ... Respondent/Complainant For Petitioner : Mr.V.Angusamy, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 330 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 123 of BNS, 2023 and 24(1) of Cigarette and Other Tobacco Products Acts, 2003 and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.330 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons were found in possession of banned tobacco products to the tune of 7 Kg and 324 grams. The petitioner is arrayed as A4 and he is a son of A1. It is also brought to the notice of this Court that A1 to A3 were arrested.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the tobacco products have been seized and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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5. 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 No.II, Karur, 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 respondent police as and when required.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[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 269 of BNS, 2023.
sd/- 29/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE NO.II, KARUR.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3. THE SUB-INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-14753[I] dated 29/11/2024 )
ORDER
IN CRL OP(MD) No.20821 of 2024 Date :29/11/2024 RK/GSV (05/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5