Jaheer Ushan v. The Inspector Of Police

CRL OP(MD). No.1877 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.02.2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1877 of 2022 Jaheer Ushan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Samarasampet Police Station, Trichy District.

(Crime NO.15 of 2022) ... Respondent/Complainant For Petitioner : Mr.B.ARUN, 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.15 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to the judicial custody on 10.01.2022 for the alleged offence under Sections 6, 24(1) Cigarette and other Tabacco Products Act, 2003 and Section 328 of IPC, in Crime No.15 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused found in illegal possession of 111 Kgs Hans Cheap Tabacco- 6 gunny bags, 54 Kg of Vimal Pan Masala 20 gunny bags and 23 Kg of V-1 Tabacco 3 gunny bangs. So on arrested and the contraband has also been seized.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 10.01.2022.

4.The learned Government Advocate(Crl.Side) submitted that two previous cases are pending against the petitioner and also submitted that the most of the investigation might have been over. 5.Considering the period of custody of this petitioner and by this time, most of the investigation might have been over, this Court is inclined to grant bail to the petitioner with certain conditions.

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CRL OP(MD). No.1877 of 2022 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 No.V, Tiruchirappalli, Tiruchirappalli District and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7.The petitioner shall file an undertaking affidavit before the concerned Police station stating that he will not indulge in any such sort of illegal activities in future. If there is any violation of affidavit or if any fresh case is registered against him, the bail granted by this Court shall stand cancelled automatically without any reference to the Court.

sd/- 01/02/2022 / TRUE COPY / 01/02/2022 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 NO.V TIRUCHIRAPPALLI, TIRUCHIRAPPALLI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, SAMARASAMPET POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S. ARUN.B Advocate SR.No.573 ORDER IN CRL OP(MD) No.1877 of 2022 Date :01/02/2022 SA/VR/SAR.3/01.02.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2