Durairaj v. The Inspector Of Police

CRL OP(MD). No.491 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.491 of 2023 Durairaj ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

Crime No.5 of 2023. ... Respondent/Complainant For Petitioner : C.SUSIKUMAR, Advocate For Respondent : Mr.K.SANJAI GANDHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.5 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection of Children), in Crime No.5 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the accused was found in possession of banned tobacco products to the tune of Rs.1,050/-. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and not committed any offence as alleged by the prosecution. The petitioner is not having any bad antecedent to his credit. Hence, prays to release him on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case and the investigation is not yet completed. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.491 of 2023 5.Considering the nature of charges levelled against the petitioner and the fact that the petitioner is not having any bad antecedents to his credit, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Nanguneri and 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 am for a period of 30 days and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 09/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER IN CRL OP(MD) No.491 of 2023 Date :09/01/2023 SA/BUC/SAR.2/19.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2