Selvakumar v. The State

Crl O.P.No.9918 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025CORAMTHE HONOURABLE MR JUSTICE SUNDER MOHANCRL OP NO. 9918 of 2025Selvakumar PetitionerVsThe State Rep by, The Inspector of Police, Padalur Police Station, Perambalur District.(Crime No 46 of 2025) Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner /Accused on anticipatory bail in the event of arrest in Crime No. 46 of 2025 pending on the file of the respondent police. For petitioner : M/s.Silambu Selvan SFor Respondent:Mr.S.Balaji Government Advocate (Crl. Side)ORDERThe petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 24(1) of the COTPA Act 2003, r/w Section 77 of the Juvenile Justice Act 2015 in Crime No 46 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl O.P.No.9918 of 20252. The case of the prosecution is that the co-accused was found in illegal possession of banned tobacco products, viz., 1. Hans 9 bundles, each containing 15 packets, 2. Coolip 9 bundles, each containing 8 packets, 3. Vimal Pan Masala 54 bundles, each containing 30 packets, 4. V1 Tobacco 52 bundles, each containing 30 packets and 5. Swagat Gold Gutka 8 bundles, each containing 20 packets and the petitioner was implicated on the confession of the co-accused.3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case; that he was implicated on the confession of the co-acused; the petitioner has no bad antecedents and in any case, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner . 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the contraband were seized and the petitioner has two previous cases and the same was disposed of.2/6 https://www.mhc.tn.gov.in/judis Crl O.P.No.9918 of 20255.Taking note of the facts and circumstances of the case, nature of allegations, the fact that the contraband has been seized; that the petitioner is sought to be implicated on the confession of the co-accused; and since, custodial interrogation is not required for the purpose of investigation, 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 of receipt of a copy of this order, before the Judicial Magistrate No.2, Perambalur 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, 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 3/6 https://www.mhc.tn.gov.in/judis Crl O.P.No.9918 of 2025may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b]the petitioner shall report before the respondent police everyday at 10:30 a.m., until further orders.[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 269 of B.N.S. 03.04.2025vca4/6 https://www.mhc.tn.gov.in/judis Crl O.P.No.9918 of 2025To:1.The Inspector of Police, Padalur Police Station, Perambalur District.2. The Judicial Magistrate No.2, Perambalur3.The Public Prosecutor, Madras High Court.5/6 https://www.mhc.tn.gov.in/judis Crl O.P.No.9918 of 2025SUNDER MOHAN, J.vcaCRL OP NO. 9918 of 2025 03.04.20256/6