Srinivasan v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.21105 of 2023 Srinivasan

...Petitioner

Vs.

The State Rep by The Inspector of Police, PEW, Hosur, Krishnagiri District.

Chennai.

(Crime No.969 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.969 of 2023 on the file of respondent Police. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.08.2023 for the offences punishable under Section 4 (1) (aa) r/w 4 (1-A) of TNP Act in Crime No.969 of 2023 on the file of the respondent 1/7

police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is falsely implicated as accused in Crime No.969 of 2023 for the offences under Section 4 (1) (aa) r/w 4 (1-A) of TNP Act. Petitioner is in judicial custody from 23.08.2023. Thus, he prays for grant of bail. 3.In response, the learned Additional Public Prosecutor submitted that petitioner was found with illegal possession of the following tobacco products, i)Top Star Brandy - 180 ml (48 packets), ii)plastic bottle - 180ml of liquor, at about 20.00 hours on 23.08.2023, near Jujuvadi check post in a car bearing No.TN 70 AK 3186. Liquor and car had been seized.

4.Considered the rival submissions and perused the records. 5.Considering the fact that liquor and car had been seized, that petitioner is in judicial custody from 23.08.2023 and that material part of investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner with conditions. 2/7

6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 - 2, Hosur, 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 daily at 10.00.a.m., until further orders.

[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 3/7

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.

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To 1.The Judicial Magistrate - 2, Hosur.

2.The Inspector of Police, PEW, Hosur, Krishnagiri District.

Chennai.

3.Central Prison Salem.

4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN.

J.

ep Crl.O.P.No.21105 of 2023 6/7

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