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Madras High CourtCRL OP/21170/2022granted

Prabakaran v. State Rep By

2022-09-02Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Prabakaran ..Petitioner Vs.

State Rep. by The Inspector of Police, Sendurai Police Station, Ariyalur District.

Crime No.147 of 2022 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.147 of 2022 on the file of the respondent police.

For Petitioner : Mr.R.Gokulakrishnan For Respondent :Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.08.2022 for the offence under Sections 272, 273 and 328 of IPC, Section 77 of Juvenile Justice (Care and Protection of Children) Act 2015 and Sections 7 read with 9 (ii) of Tamil Nadu Prohibition of Smoking and Spitting Act 2002 and Section 6 read with 24(1) of the Cigarettes and other Tobacco Products Act 2003 in crime No.147 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 35 packets of banned tobacco products. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 10.08.2022. Hence, he prays for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 35 packets of banned tobacco products worth about Rs.250/-. He further submitted that there is one previous case pending as against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e.,10.08.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148, and on such deposit 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, Sendurai and on further 3/6

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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond;

[c] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court 4/6

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.

02.09.2022 mpl 5/6

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate, Sendurai.

2.The Inspector of Police, Sendurai Police Station, Ariyalur District.

3.Sub-Jail, Ariyalur.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.21170 of 2022 02.09.2022 6/6