Solaiselvam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Solaiselvam

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, K-9, Thiru.Vi.Ka Nagar Police Station, Chennai.

(Crime No.100 of 2024)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.100 of 2024 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.P.Shivaraj Mohan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

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The petitioner/accused in Crime No.100 of 2024, registered by the respondent police for the offences under Sections 6(a), 24(i) of COTPA Act r/w Section 77 of JJ Act, seeks bail.

2.It is stated that the petitioner had been remanded to judicial custody on 25.02.224 with possession of 30 packets of banned tobacco products.

3.It is also stated that there are no previous cases against the petitioner.

4.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 V Metropolitan Magistrate, Egmore, 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. 2/4

[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 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.

11.03.2024 ata C.V.KARTHIKEYAN.

J.

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1. The V Metropolitan Magistrate, Egmore.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, K-9, Thiru.Vi.Ka Nagar Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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