Ravikumar v. The Inspector Of Police

CRL OP(MD). No.495 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.495 of 2023 Ravikumar ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

(Crime No.218/2022).

... Respondent/Complainant For Petitioner : M/s.Sathya Chidambaram S, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.218/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- petitioner/A1, who was arrested and remanded to judicial custody on 27.12.2022 for the alleged offences under Section 328 IPC and Section 6(b) and 24 (1) of Cigarette and other Tabacco Products Act, 2003, in Crime No.218 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with another accused were found in illegal possession of banned Tobacco Products worth about Rs.16,080/-. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 27.12.2022. However, the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor for the respondent police submitted that the petitioner along with other accused were found in illegal possession of banned Tobacco Products worth about Rs.16,080/- and hence, he opposed to grant bail to the petitioner. However, he would further submit that the petitioner is having no previous case.

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CRL OP(MD). No.495 of 2023 5.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration and no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, the petitioner shall make a donation/nonrefundable deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Dean, Tirunelveli Medical College Hospital, Tirunelveli District without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the trial Court. However, it is made clear that the deposit being made by the petitioner, would not amount of admission of guilt by him.

7.On production of such receipt/acknowledgement, 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, Ambasamudram, Tirunelveli District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 09/01/2023 / TRUE COPY / 09/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

COPY TO THE DEAN, TIRUNELVELI MEDICAL COLLEGE HOSPITAL, TIRUNELVELI DISTRICT.

+1 CC to M/s.SATHYA CHIDAMBARAM S, Advocate ( SR-387[I] dated 09/01/2023 ) ORDER IN CRL OP(MD) No.495 of 2023 Date :09/01/2023 RS/VR/SAR.(09.01.2023) 2P-8C https://www.mhc.tn.gov.in/judis 2/2