Ramesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8206 of 2022 Ramesh .. Petitioner Vs.

The State rep. by .. Respondent The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai Tiruvannamalai District.

(Crime No.275 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.275 of 2022 pending on the file of the respondent police. For Petitioner : Mr.B.Jawahar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested for the offences punishable under Sections 273, 328, 511 of IPC read with 24(1)COTPA Act in Crime No.275 of 2022, on the file of the respondent police, seeks bail. 2.The petitioner was arrested on 29.03.2022 for illegal possession of banned tobacco products worth Rs.6800/-. 3.The learned Additional Public Prosecutor appearing for the respondent states that the petitioner has no other case of similar nature and he is the first time offender.

4.The petitioner is running a grocery shop in Tiruvannamalai Taluk. During the special ride against the tobacco product by the respondent police, this petitioner was arrested for the alleged possession of prohibited tobacco products.

5.Considering the fact that the petitioner is the first time offender and the banned tobacco products already been recovered from his possession, this Court is inclined to grant bail to this 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Tiruvannamalai; (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 as and when required.

(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/- 13/04/2022 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.1, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUVANNAMALAI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

5 THE OFFICER INCHARGE SUB JAIL, TIRUVANNAMALAI.

CC to M/S B.JAWAHAR Advocate on payment of necessary charges CRL OP.8206/2022 Date :13/04/2022 TA-18/04/2022