S.Lingadhurai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM:

THE HON'BLE MR.JUSTICE Dr.G.JAYACHANDRAN Crl.O.P.No.5636 of 2022 S.Lingadhurai ... Petitioner Vs.

The State rep. by The Inspector of Police, Avinashi Police Station, Tiruppur District.

(Crime No.119 of 2022)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.119 of 2022 on the file of the respondent police.

For Petitioner : Mr.K.Myilsamy For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 25.02.2022 for the offences punishable under Sections 273, 328 of IPC and Section 7(1), 20 (2) of the Cigarettes and Other Tobacco Products Act, 2003, in Crime No.119 of 2022, on the file of the respondent police, seeks bail.

2.

The petitioner herein was arrested for the alleged possession of 10 Kg of tobacco products worth about Rs.10,000/-. 3.

Considering the quantity of the contraband seized, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi. (b) the petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) to the credit of Crime No.119 of 2022 on the file of the respondent police and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioner. The final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (d) the petitioner is directed to appear before the Investigating Officer as and when required.

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 21/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, AVINASHI, TIRUPPUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, AVINASHI, TIRUPPUR DISTRICT.

4 THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S K.MYILSAMY Advocate on payment of necessary charges CRL OP.5636/2022 Date :21/03/2022 RW 22/03/2022