S.Navaneethakrishnan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR S.Navaneethakrishnan ... Petitioner/Accused No.2 Vs State Rep.by The Sub Inspector of Police, Malli Police Station, Virudhunagar District (Crime No. 15 of 2022). ... Respondent/Complainant For Petitioner : M/s.Jeyakumaran.J., Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 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/A2, who was arrested and remanded to judicial custody on 16.03.2022 for the offences punishable under Section 328 IPC and Sections 6(b) and 24(1) of Cigarette and Other Tobacco Products Act, 2003 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 and other accused were found in illegal possession of Ganesh Tobacco-20 bags (contain 1015 pockets), Cool Lip Tobacco-3 bags(contain 143 Pockets), Vimal Pan Masala Tobacco-1 bag(contain 50 pockets), Hans Chaap Tobacco-1 bag (contain 50 pockets) and V-1 Tobacco-1 bag (contain 50 pockets). Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. However, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court. 1/3

4.The learned Additional Public Prosecutor would submit that the property has been recovered and that the petitioner is having 14 previous cases, out of which, six similar cases were already disposed of.

5.Considering the nature of charges levelled against the petitioner and also the facts that the property has been recovered, that A1 and A3 were already arrested and released on bail by the Sessions Court and that the petitioner is in judicial custody from 16.03.2022, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non-refundable deposit to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.II, Srivilliputhur. 7.On such deposit, the petitioner is ordered to be released on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur, and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar 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 tamper with the evidence or witness either during investigation or trial;

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

(e)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]; and; (f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/04/2022 / TRUE COPY / 20/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.II, SRIVILLIPUTHUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

4 THE SUB INSPECTOR OF POLICE MALLI POLICE STATION, VIRUDHUNAGAR DISTRICT.

5 THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.

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

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-3588[I] dated 20/04/2022 )

ORDER

IN CRL OP(MD) No.5971 of 2022 Date :20/04/2022 RS/VR/SAR.4 (20.04.2022) 3P-8C 3/3