Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No. 10477 of 2024 Raj Kumar ... Petitioner Vs.

State Rep by.

The Inspector of Police F3 - Nungambakkam Police Station, Chennai.

Crime No. 94 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release petitioner on bail, pending investigation in Crime No. 94 of 2024 on the file of the respondent police . For Petitioner : Mr. S.Vivekram 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 26.03.2024 for the alleged offences punishable under Section 24(1) of (COTPA) Cigarette and Other Tobacco Products Act, 2003 Act and Sections 328 of IPC and in crime No. 94 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the accused person with the possession of 111 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. On the other side, the learned Government Advocate (Crl. side) submits that respondent police found the the accused person with the possession of 111 kgs of banned Tobacco Products. Further, he stated that there is no previous cases pending against the petitioner and A1 is still absconding.

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) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate Court at Egmore, 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 on every Sunday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of registered advocate clerks welfare association, Chennai. 3/5

[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.

29.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XIV Metropolitan Magistrate Court, Egmore, Chennai, 2.The Inspector of Police F3 - Nungambakkam Police Station, Chennai.

3. The Sub Jail, Saidapet, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10477 of 2024 29.04.2024 5/5