G.Jay Narayan Mahto v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN G.Jay Narayan Mahto ... Petitioner Vs.

The State represented by The Inspector of Police, C2, Elephant Gate Police Station, Chennai.

Crime No.14 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.14 of 2024 on the file of the respondent Police.

For petitioner : Mr.C.D.Johnson For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.01.2024 for the offences registered under Sections6 and 24(1) of 1/4

Cigarette and other Tobacco Products Act and Sections 273 and 328 of IPC in Crime No.14 of 2024, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that the petitioner were found in possession of 10.17 kgs of banned tobacco products. 3.It is stated by the learned Government Advocate (crl.side) that there is no previous case against the petitioner. 4.Taking all the factors into consideration and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner are ordered to be released on bail on condition to execute a separate 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 VIII Metropolitan Magistrate, Magistrate Court, George Town, 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 report before the respondent Police, everyday at 10.30 a.m., until further orders.

[c] the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Dean, Stanley Government Medical College and Hospital, Chennai, for treatment of needy patients.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

09.02.2024 vkr 3/4

C.V.KARTHIKEYAN,J.

Vkr To 1.The VIII Metropolitan Magistrate, Magistrate Court, George Town, Chennai, 2.The Inspector of Police, C2, Elephant Gate Police Station, Chennai.

3.The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 09.02.2024 4/4