Selvaraj v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Selvaraj S/o. Subbaiya ... Petitioner / Accused Vs.

The State represented by The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

(Crime No.494 of 2023) ... Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.494 of 2023 on the file of the respondent.

For Petitioner : Ms. T. Vagini For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 26.11.2023 for the offences punishable under Sections 6(b), 24(1) of Cigarette and Other Tobacco Products Act, 2003 and Section 272, 273, 328 of IPC, 1860 in Crime No.494 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner was found in possession of 3.285 Kgs of unlawful tobacco products, which had been seized. It is stated that the value of the products is more than Rs.1,00,000/-. It is also stated that there is no previous case against the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner was in judicial custody for a substantial period of time and the entire banned tobacco products had been seized from him. 4.Taking all the factors into consideration and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, but however, taking the value of the products, which had been seized, into consideration, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of Crime No.494 of 2023 before the learned V 2/4

Metropolitan Magistrate, Egmore, Chennai. The said amount may be handed over by the leanred learned V Metropolitan Magistrate, Egmore, Chennai, to the Dean, Stanley Medical College, Chennai, for treating the needy patients.

5. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that :- [a] 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 daily at 10.30 a.m until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 C.V.KARTHIKEYAN, J.

smv 3/4

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 229A IPC.

19.01.2024 smv To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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