Nazerbabu @ Nazeeruthen v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.8692 of 2024 Nazerbabu @ Nazeeruthen ... Petitioner Vs.

State Rep by.

The Inspector of Police H4 Korukkupet Police Station, Korukkupet, Chennai.

Crime No. 61 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail in connection with crime No. 61 of 2024, on the file of respondent police. For Petitioner : Mr.Ramana Reddy For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.03.2024 for the alleged offences punishable under Sections Section 272, 273, 328 of IPC and under Section 20(1) of Cigarette and Other Tobacco Products Act, 2003 (COTPA), Section 77 of the Juvenile Justice (Care and Protection of childrenP Act 2015 and Sections 7 and 9 (ii) of the Tamil Nadu Prohibition of Smoking & Spitting Act, 2003, in crime No. 61 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioner while selling banned Tobacco Products. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that 303 has packet seized from the petitioner.

4. Considering the period of incarceration undergone by the petitioner and his age, this Court is inclined to grant bail to the petitioner. 2/5

5. 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, Chennai 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 daily at 10.30 a.m., for a period of two months. Further, the petitioner is directed to deposit a sum of Rs.10,000/- (Ten Thousand Only) to the credit of Tamil Nadu Advocate Clerk Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

[c] the petitioner shall not abscond either during investigation or trial;

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[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 abscond, a fresh FIR can be registered under Section 229A IPC.

08.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police H4 Korukkupet Police Station, Korukkupet, Chennai.

3. The Central Prison,Cuddalore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8692 of 2024 08.04.2024 5/5