Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Kumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Courtrallam Police Station, Tenkasi District.

(In Crime No.430 of 2022).

... Respondent/Complainant For Petitioner : M/s.Angusamy.V, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.430 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 21.12.2022 for the offence punishable under Sections 294(b), 506(ii) of IPC and Section 6(b),24(1) of the Cigarette and other Tobacco Products Act, 2003 in Crime No.430 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in possession of banned tobacco products. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 21.12.2022, hence, he seeks for bail.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of banned tobacco products and Rs.31,130/- cash was also recovered from him. He would further submit that the petitioner has got two similar previous cases. Hence he opposed to grant bail to the petitioner.

5. In reply the learned counsel for the petitioner would submit that the petitioner is running a small shop and without prejudice to his defence, is ready and willing to deposit a sum of Rs.25,000/- to any welfare scheme.

6.Heard. Perused the materials available on record including the First Information Report.

7.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 8.Accordingly, the petitioner shall make a donation/nonrefundable deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining creche 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.

9.On production of proof of such receipt/acknowledgement, 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, Shenkottai, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Special Court/concerned Court 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 10.30 a.m., until further orders;

(c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

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(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the Special Court/concerned 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 Special Court/concerned Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/01/2023 / TRUE COPY / 23/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, SHENKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, TENKASI.

4 THE INSPECTOR OF POLICE, COURTRALLAM POLICE STATION, TENKASI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.ANGUSAMY.V Advocate SR.No.960

ORDER

IN CRL OP(MD) No.1227 of 2023 Date :23/01/2023 SA/SSS/SAR. /23.01.2023/3P/8C 3/3