Maniraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.13839 of 2022 Maniraj .. Petitioner Vs.

State rep. by The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.133 of 2022, on the file of the respondent police.

For Petitioner : Mr.M.Marimahesh For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) ********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.03.2022, for the alleged offence under Sections 273, 328 of I.P.C., r/w.7(1) and 20(1) of Cigarettes and other Tobacco Products Act and Section 52 and 59 of Food Safety and Standards Act, 2006 in Crime No.133 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 295 kgs of banned tobacco products. Hence the complaint.

3. The learned Government Advocate (Crl.Side) for the respondent submitted that a final report is not yet filed, since the petitioner is in prison for more than 80 days.

4. Considering the above fact, this Court is of the view that custodial interrogation of the petitioner is not required and the petitioner is suffering incarceration from 29.03.2022. Hence, this

Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 Court, Thiruvarur;

(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 report 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/- 17/06/2022 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, THIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, TIRUVARUR TOWN POLICE STATION, TIRUVARUR.

4 THE OFFICER INCHARGE, SUB JAIL, THIRUTHURAIPONDI, THIRUVARUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.MARIMAHESH Advocate on payment of necessary charges SR.No.9453 CRL OP.13839/2022 Date :17/06/2022 CSK 17/06/2022