A.Arash Maideen v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13974 of 2022 1.A.Arash Maideen ..Petitioners/A6 & 7 2.A.Mohammed Ashik Vs.

State Rep by ..Respondent Inspector of Police, Ukkadam Police Station, Coimbatore City crime No.111 of 2022 PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.111 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.A.Nowfal For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial custody on 22.05.2022 for the offences punishable under Sections 7(1), 20(1) of Cigarette and Other Tobacco Products Act, 2003 r/w Section 328 of IPC in crime No.111 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 22.05.2022 at about 4.00 hrs, when the respondent police were on patrol duty, they found that the petitioners along with other accused persons were transporting banned tobacco products. Hence, the case was registered against the accused persons.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners are arrayed as A6 and A7, who along with other accused persons were found in possession of 936 kg of banned tobacco products worth Rs.12,00,000/-. He would further submit that the petitioners are driver and cleaner of the vehicle. However, he vehemently opposed to grant bail to the petitioners.

5. Taking into consideration the facts of the case, this Court is inclined to grant bail to the petitioners. Accordingly, each of the petitioners shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.IDIB000B173 and on such deposit, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) (each) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.

V of Coimbatore 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] each of the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation. [d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, 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 NO.V COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE UKKADAM POLICE STATION, COIMBATORE CITY.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

6 THE PUDUCHERRY ADVOCATE WELFARE FUND, A/C. NO.7199772117 IFSC NO.IDIB000B173 +3 CC to M/S.A.NOWFAL Advocate on payment of necessary charges SR.NO.9389 CRL OP.13974/2022 Date :17/06/2022 TA-17/06/2022