Mohammed Moideen v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6799 of 2022 Mohammed Moideen ... Petitioner Vs.
The State rep. by The Inspector of Police, Minjur Police Station, Chennai.
(Crime No.84 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.84 of 2022 on the file of the respondent police.
For Petitioner : Mr.M.I.Javid Akbar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioner, who was arrested on 06.03.2021 for the offences punishable under Sections 294(b), 353 of IPC and 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.84 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner was arrested for having possession of 23 pockets of banned tobacco products and selling it to public, when he was tried to apprehend, he abused the respondent police and tried to flee. The petitioner was arrested on 06.03.2022 and he is in prison till then.
3.Learned Additional Public Prosecutor for the respondent submitted that there is no bad antecedence about this petitioner.
4. Considering the above said fact, this Court is inclined to grant bail to the petitioner subject to certain conditions. 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Ponneri.
(b) 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;
(c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders;
(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 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 25/03/2022 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, NO.II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MINJUR POLICE STATION, CHENNAI.
4 THE OFFICER INCHARGE SUB JAIL, PONNERI 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 CC to M/S.M.I.JAVID AKBAR Advocate on payment of necessary charges SR.NO.4509 CRL OP.6799/2022 Date :25/03/2022 JPA 25/03/2022