Thameem Ansari v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Thameem Ansari ... Petitioner / Accused No.12 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
(Crime No.477 of 2024) ... Respondent/Complainant For Petitioner : Mr.P.Edin Brough, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 477 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/5
the alleged offences under Sections 123, 275 of BNS, 2023 r/w. Section 24(1) of Cigarette and Tobacco Products Act, 2003 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.477 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 111 kgs of banned tobacco products. There are totally 12 accused persons in this case and the petitioner has been arrayed as A12.
3. The learned Government Advocate submitted that A1 and A3 to A9 were arrested in this case and the entire banned tobacco products have been seized. The allegation against this petitioner is that he was a retailer and he used to purchase tobacco from A1 who is the main accused.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Taking into consideration the facts and circumstances of the case and considering the fact this petitioner has been added as an accused only on the ground that he is a retailer and also taking note of the fact that there are no previous cases against the petitioner, 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 2/5
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 Court No.II, Thanjavur, 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 report before the respondent on every Friday at 10.30 a.m. for a period of 4 weeks and thereafter, as and when required. [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 3/5
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/- 13/12/2024 / TRUE COPY / / 01 /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.EDIN BROUGH, Advocate ( SR-15407[I] dated 13/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.22094 of 2024 Date :13/12/2024 PSP/ SKN /SAR /03.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5