Chandhran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11734 of 2022 CHANDHRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT.
CRIME NO.120/2022.
For Petitioner : M/S P.S.AMALRAJ Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.04.2022, for the alleged offence under Section 20(2) of Cigarettes and other Tobacco Products Act, 2003 r/w Section 328 IPC in Crime No.120 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of nearly 24 Kgs of banned Tobacco products in his provisional store worth Rs.15,000/-. Hence, this complaint.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.
4. Taking into consideration the facts and circumstances of the case and also the fact that the entire products have already been seized by the respondent police, the petitioner has also suffered incarceration for more than 40 days and there are no previous cases against the petitioner, this Court is inclined to enlarge the petitioner on bail subject to the following conditions.
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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kunnam, Perambalur District and on further conditions that:- [a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
[b] 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. [c] the petitioner shall report before the respondent police on every Monday at 10.30 a.m, for a period of eight weeks and thereafter, as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/05/2022 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, KUNNAM, PERAMBALUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT.
5 THE OFFICER INCHARGE SUB JAIL, PERAMBALUR.
6 THE PRESIDENT, TAMIL NADU ADVOCATES CLERK ASSOCIATION, MADRAS HIGH COURT, CHENNAI (INDIAN BANK, HIGH COURT BRANCH, A/C NO.484026006, IFSC CODE:IDIB000M157) +1 CC to M/S P.S.AMALRAJ Advocate on payment of necessary charges SR.NO.7446 CRL OP.11734/2022 Date :19/05/2022 TA-19/05/2022