Pradheepraja v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Pradheepraja ... Petitioner Vs.

The State represented by, The Special Sub-Inspector of Police, Keelapalur Police Station, Ariyalur District.

(Crime No.52 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.52 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.P.Tamilavel For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.03.2023, for the offences punishable under Sections 6(a), 24(1) of the Cigarette and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 328 of IPC, in Crime No.52 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent Police and his team, were on their routine patrol duty, they found that the accused were indulged in selling banned tobacco products. The respondent has arrested the accused and also seized the banned tobacco products viz., 8 packets of Hans, 11 packets of Vimal Panmasala, 13 packets of V1 tobacco, 2 packets of cool lip from them. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, aged about 19 years and he has been falsely implicated in this case. He further submitted that the petitioner is in custody 2/6

from 01.03.2023 and he has no bad antecedents and he is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner (A1) along with other accused was found to be in illegal possession of banned tobacco products, worth of Rs.3102/- and also indulged in selling the same. He further submitted that no previous case is pending as against the petitioner. However, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by either side of the parties and also considering the fact that no previous case is pending as against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which one surety should be either father or mother of the petitioner), for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Ariyalur, 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. for a period of two weeks and thereafter, on every Saturday 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 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 4/6

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

14.03.2023 ham To

1. The Judicial Magistrate No.II, Ariyalur.

2. The Special Sub-Inspector of Police, Keelapalur Police Station, Ariyalur District.

3. The Sub Jail, Ariyalur.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

ham 14.03.2023 6/6