Beemarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Beemarajan

2. Rajaperumal ... Petitioner/Accused No.1 & 3 Vs State Rep.by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City, Tirunelveli District.

(In Crime No.3/2023).

... Respondent/Complainant For Petitioners : M/s.Ilayaraja R, 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.3/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A3, who were arrested and remanded to judicial custody on 17.01.2023 for the offence punishable under Section 328 of IPC r/w.Section 6(a),6(b),24(1) of Cigarette and other Tobacco Products Act,2003 in Crime No.3 of 2023 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners along with other accused were found in illegal possession of banned tobacco products worth about Rs.1,63,870/-, hence the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 17.01.2023, hence he seeks bail.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners along with other accused were found in illegal possession of banned tobacco products worth about Rs.1,63,870/- Hence, he vehemently opposed to grant bail to the petitioners. He would further submit that one similar previous case is pending against the petitioners.

5. In reply the learned counsel for the petitioners would submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and without prejudice to their defence they are also ready to make a donation of Rs.75,000/- for any welfare scheme of the Government Hence he seek bail.

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 and also voluntarily offer made by the petitioners , this Court is inclined to grant bail to the petitioners subject to the following conditions: 8.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.IV, Tirunelveli and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the first petitioner shall pay a sum of Rs.

50,000/- (Rupees Fifty Thousand only) and the second petitioner shall pay a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the Head Master, The Government Girls Higher Secondary School, Melur, Madurai District and produce the receipt/acknowledgement before the trial Court at the time of executing bond. However, it is made clear that the deposit being made by the petitioners, would not amount of admission of guilt by him [c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/02/2023 / TRUE COPY / 10/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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

COPY TO THE HEAD MASTER, THE GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, MELUR, MADURAI DISTRICT.

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-2134[I] dated 10/02/2023 )

ORDER

IN CRL OP(MD) No.2715 of 2023 Date :10/02/2023 RS (10.02.2023) 3P-8C 3/3