An accused is entitled to anticipatory bail if the court is satisfied that the accused is not likely to commit any offence while on bail and that the accused will not abscond.

Crl.O.P.No.32696 of

2022

Crl.O.P.No.32696 of 2022

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent

Police for the offences punishable under Sections 24(1) of COTP Act r/w

328 of IPC, in Crime No.636 of 2022, on the file of the respondent police,

seeks anticipatory bail.

2. The case of the prosecution is that when the respondent Police and

his team were on their regular patrol duty, they found that the accused were

illegally transporting 135 kilograms of Guktha, in their cars. Hence the case.

3. Learned counsel appearing for the petitioner submitted that this is

the third bail application of this petitioner before this Court and this Court

had earlier dismissed the bail applications filed by the petitioner in

Crl.O.P.Nos.24671 & 26355 of 2022. He further submitted that the similarly

placed co-accused were released on bail by this Court. He also stated that

the petitioner is ready to abide by any stringent conditions that may be

imposed by this Court. Hence, he prayed to grant anticipatory bail to the

petitioner.

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Crl.O.P.No.32696 of

2022

4. Learned Government Advocate (Crl.Side) appearing for the

respondent submitted that the accused were in illegal possession of 135

kilograms of Gutkha in their car and the respondent has seized the same

along with the cars. He also stated that this is the third bail application of

this petitioner and on an earlier occasion, this Court has dismissed the

petitioner's bail application with cost. Hence, he vehemently opposed to

grant anticipatory bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner, without

prejudice his rights, on his own volition, is ready and willing to contribute

some amount to any charitable trust as may be directed by this Court and he

prays to grant anticipatory bail to the petitioner.

6. Taking into consideration the facts and submissions made by the

learned counsel and taking note of the fact that the petitioner without

prejudice his rights, on his own volition, is ready and willing to contribute

some amount to any charitable trust and also considering the fact that the

similarly placed co-accused were granted by this Court, this Court is inclined

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Crl.O.P.No.32696 of

2022

to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the

event of arrest or on his appearance, within a period of fifteen (15) days

from the date of receipt of a copy of this order before the learned Judicial

Magistrate Court, Sriperumbudur, on condition that the petitioner shall

execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand

Only) each, 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 stands dismissed and on further condition that:

[a] the petitioner is directed to deposit a sum of

Rs.10,000/- (Rupees Ten Thousand only) to the credit of

Registered Advocate Clerks Association, Kancheepuram,

within a period of two weeks from the date of receipt of a

copy of this order and shall produce the said receipt before

the Court below;

[b] the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond

and the Court concerned may obtain a copy of their Aadhar

card or Bank pass Book to ensure their identity;

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Crl.O.P.No.32696 of

2022

T.V.THAMILSELVI, J.

ham

[c] the petitioner shall report before the respondent

police on every Wednesday at 10.30a.m., for a period of

twelve weeks and thereafter, as and when required for

interrogation;

[d] the petitioner shall not tamper with evidence or

witn