Murali v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.8992 of 2024 Murali ... Petitioner Vs.

State Rep by.

The Inspector of Police E-4, Abiramapuram Police Station, Chennai.

Crime No. 71 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in crime No. 71 of 2024, on the file of the Inspector of Police E-4, Abiramapuram Police Station,Chennai.

For Petitioner : Mr.Nirmal Krishnan 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 20.03.2024 for the alleged offences punishable under Sections Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 (COTPA), r/w 328 of IPC in crime No. 71 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police conducted search at petitioner's shop and found 40 kgs of banned Tobacco Products. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Further, he submitted that the petitioner has no bad antecedents. On the other side, the learned Government Advocate (Crl. side) submits that the respondent police conducted search at petitioner's shop and found 40 kgs of banned Tobacco Products and he stated that there is no previous case pending against the petitioner.

4. Considering the period of incarceration undergone by the 2/5

petitioner and also there is no previous case pending against the petitioner. Hence, this Court is inclined to grant bail to the petitioner.

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) each with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned XXIII, Metropolitan Magistrate, Saidapet, 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 on every Sunday at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation. 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 3/5

weeks from the date of receipt of a copy of this order. [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 abscond, a fresh FIR can be registered under Section 229A IPC.

12.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XXIII, Metropolitan Magistrate, Saidapet.

2. The Inspector of Police E-4, Abiramapuram Police Station, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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