IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Tenth day of June Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

CRIMINAL ORIGINAL PETITION No.13402 of 2022

N.ARJUNAN

[ PETITIONER / ACCUSED ]

Vs

THE STATE REP BY ITS,

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

BARGUR POLICE STATION,

KRISHNAGIRI DISTRICT.

CR.NO.71 OF 2022.

For Petitioner : M/S.E.KANNADASAN Advocate

For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor,

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest for the alleged offences

under Sections 328 of IPC and Section 7, 20(i) of Cigarette and other

Tobacco Products Act, 2003 r/w Section 52, 59 of Food Safety and

Standards Act, 2006, in Crime No.71 of 2022 on the file of the

respondent police, seeks anticipatory bail.

2. Totally there are seven accussed in this case. The

petitioner herein is arrayed as A7. The case of the prosecution is

that the petitioner along with other accused was found in possession

of 1008 kgs of six varieties of banned Tobacco products using gunny

bags and white colour polythine bags worth about Rs.6,27,000/-.

Hence, a case was registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit

that the petitioner is an innocent person and he has been falsely

implicated in this case based on the confession statement given by

A1. He would further submits that the co-accused A-4 was released

on anticipatory bail in Crl.OP.No.8118 of 2022 dated 07.04.2022. On

instructions, he would further submit that the petitioner is ready to

https://hcservices.ecourts.gov.in/hcservices/

deposit an amount of Rs.1,00,000/- as non refundable deposit to the

credit of the Tamilnadu Advocate's Clerk's Association, Madras and

hence he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that

the petitioner has no previous case against him. Hence, he

vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts of the case and the

submissions made by the learned counsels and also taking note of the

fact that the petitioner has come forward to deposit an amount of

Rs.1,00,000/- (Rupees One Lakh only) as non refundable deposit to the

credit of the Tamilnadu Advocate's Clerk's Association, Madras, this

Court is inclined to grant anticipatory bail to the petitioner with

certain conditions.

6.Accordingly, the

petitioner shall deposit a sum of

Rs.1,00,000/- (Rupees One Lakh only) by way of Demand Draf Tamilnadu

Advocate's Clerk's Association, Madras, and on such deposit 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.1, Krishnagiri, 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 deposit a sum of Rs.1,00,000/- (Rupees

One Lakh only) as non refundable deposit to the credit of the

Tamilnadu Advocate's Clerk's Association, Madras, A/c. No.484026006;

IFSC No.IDB000M157.

[c] the petitioner shall report before the respondent police

for a