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Madras High CourtCRL OP(MD)/514/2022granted

Sahul Hameed v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.514 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.514 of 2022 Sahul Hameed ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

Cr.No. 279 of 2021. ... Respondent/Complainant For Petitioner : M/s.Venkatesan R, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.279 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 12.12.2021 for the alleged offence under Sections 273, 328 of IPC and Section 24(1) of Cigarette and Others Tabaco Products Act, 2003 in Crime No.279 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner possessed with banned tobacco products worth about Rs.10,560/- in his shop. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that there is no previous case against the petitioner and the contraband products were recovered from the petitioner.

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CRL OP(MD). No.514 of 2022 5.Considering the period of incarceration and there is no previous case is pending against the petitioner and the contraband was recovered from the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Thiruppuvanam and on further condition that the petitioner shall report before the respondent police once in fifteen at 10.30 a.m. until further orders. sd/- 12/01/2022 / TRUE COPY / 12/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPPUVANAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.514 of 2022 Date :12/01/2022 RS/VR/SAR.1(12.01.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2