Manoj Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.26065 of 2023 Manoj Kumar Mishra ... Petitioner Vs.

The State rep. by:- The Inspector of Police, Omerabad Police Station, Thirupathur District.

(Crime No. 367 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail pending investigation in Crime No.367 of 2023 on the file of the respondent. For Petitioner : Mr.T.Muruganantham For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.10.2023 for the offence punishable under Sections 6(a) and 24(1) of 1/4

Cigarette and Other Tobacco Products Act r/w Section 328 of IPC in Crime No.367 of 2023 on the file of the respondent police, seeks bail. 2.It is stated that the petitioner was found in possession of 7 kgs of banned tobacco products.

3.It is stated by the learned Government Advocate that there is no previous case against the petitioner.

4.Taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Ambur 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 everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial.

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[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 absconds, a fresh FIR can be registered under Section 229A IPC.

16.11.2023 vkr To

1. The Judicial Magistrate, Ambur.

2. The Central Prison, Vellore

3. The Inspector of Police, Omerabad Police Station, Thirupathur District.

4. The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN, J.

vkr Crl.O.P.No.26065 of 2023 16.11.2023 4/4