Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Senthilkumar ... Petitioner/Sole Accused Vs The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

In Crime No.140 of 2024. ... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.140 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 13.03.2024 for the offence punishable under Sections 328 of IPC, Section 77 of Juvenile Justice (Care and Protection) Act, Sections 7(5), 24(1) of Cigarette and 1/6

Tobacco Products Act, 2003, in Crime No.140 of 2024 on the file of the respondent Police, seeks bail.

2. The case of the prosecution that on 13.03.2024, based on the secret information received, the defacto complainant conducted search in godown and car belongs to the petitioner. At that time, the petitioner was found in illegal possession of 402 kgs of banned tobacco products and the same was seized by the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offences as alleged by the prosecution and he was falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 13.03.2024. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.50,000/- to the Panchayath Union Primary School, Thatchankurichi, Pudukkottai District, for making toilet facility or providing other facilities to the students. Hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent 2/6

would submit the petitioner was involved in selling of banned tobacco products to the school students. Further, two previous cases are pending against the petitioner in similar nature. Hence, he opposed to grant bail to the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.

6.Considering the facts and circumstances of the case and also considering the quantity of the banned tobacco products seized from the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on his 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, Thiruvaiyaru, Thanjavur District and on further conditions that:

(a)as per the undertaking given by the petitioner, the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) to the Panchayath Union Primary School, Thatchankurichi, Pudukkottai 3/6

District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; Thereafter, the Headmaster of the School shall spend the amount for the welfare of the students and file necessary proof before the learned Magistrate;

(b) 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; (c) the petitioner is directed to appear before the respondent Police daily at 10.30 a.m, until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

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(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/03/2024 / TRUE COPY / 25/03/2024 Sub-Assistant Registrar (PA-II ) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur District

2. Do-Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

3.The Officer in charge, Sub Jail, Thanjavur.

4.The Inspector of Police, Nadukaveri Police Station, Thanjavur District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Headmaster Panchayath Union Primary School, Thatchankurichi, Pudukkottai District, 5/6

+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-3622[I] dated 25/03/2024 )

ORDER

IN CRL OP(MD) No.4679 of 2024 Date : 25/03/2024 RK (25/03/2024) 6P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6