Sheik Abdullah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.421 of 2019 SHEIK ABDULLAH ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

IN CRIME NO.2 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.DEENADHAYALAN, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 02.01.2019 for the offences punishable under Sections 273,328 of IPC and Section 56,59 of Food Safety Act,2006 in Crime No.2 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.01.2019 when the respondent was in raid in search of prohibited tobacco products, the petitioner has illegally kept tobacco products worth Rs.32,000/- in the godown.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Government Advocate(Crl.Side) would submit that the petitioner has illegally kept tobacco products worth Rs.32,000/- in the godown.

5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioner is ordered to be released on bail on their 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 Judicial Magistrate, Pattukkottai, Thanjavur District and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

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

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER INCHARGE,SUB JAIL, PATTUKKOTTAI, THANJAVUR DISTRICT.

4. THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.S.DEENADHAYALAN Advocate SR.No.579

ORDER

IN CRL OP(MD) No.421 of 2019 Date :10/01/2019 MS/VR/SAR-4/10.01.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/