Anish Ponnudurai v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Anish Ponnudurai ... Petitioner/ Accused No.2 Vs State represented by The Inspector of Police, Pavoorchathram Police Station, Tenkasi.

(Crime No.106 of 2022) ... Respondent/Complainant For Petitioner : Mr.B.Muthumari, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.106 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 31.03.2022 for the offences punishable under Sections 294(b) and 506(2) IPC, Section 24(1) of COTPA Act and Section 77 of Juvenile Justice Act, 2015, in Crime No.106 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused gave a small pocket of banned tobacco to the defacto complainant's son and on seeing the same, the defacto complainant prevented them and found that they were in possession of 15 pockets of banned tobacco. 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 and that the first accused was already released on bail.

4.The learned Additional Public Prosecutor would submit that property has been recovered.

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5.Considering the nature of the charges levelled against the petitioner and also the facts that the property has been recovered and that the first accused was already released on bail by the Sessions Court, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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, Tenkasi.

7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail on his executing 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, Tenkasi.

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 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., for a period of thirty (30) days and thereafter as and when required for interrogation.

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

sd/- 13/04/2022 / TRUE COPY / / /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, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSEPCTOR OF POLICE PAVOORCHATRAM POLICE STATION, TENKASI.

4 THE OFFICER INCHARGE, SUB JAIL, TENKASI.

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

THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT,CHENNAI 09.

+1. CC to Mr.B.Muthumari, Advocate SR.No.3332

ORDER

IN CRL OP(MD) No.6864 of 2022 Date :13/04/2022 SS/PN/SAR:I/13.04.2022 : 3P/8C 3/3