Pitchaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Pitchaiah ... Petitioner/Petitioner/Sole Accused Vs The Inspector of Police, Kadayam Police Station, Tenkasi District.

In Crime No.50 of 2024. ... Respondent/Respondent/Complainant For Petitioner : Mr.R.J.KARTHICK, 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.50 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 04.03.2024 for the offence punishable under Sections 24(1), 6(b) of of Cigarette and Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection) Act, 2015, in Crime No.50 of 2024 on the file of the respondent Police, 1/5

seeks bail.

2. The case of the prosecution that on 04.03.2024, the petitioner was selling tobacco products to the school students near Government Higher Secondary School, Mudaliarpatti. On seeing the respondent Police the petitioner attempted to escape from the spot. However, he was caught hold by the respondent with banned tobacco products worth about Rs.598/- and cash of Rs.4,200/-. 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 04.03.2024. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to the Government Higher Secondary School, Kayoor - Kadayam, Tenkasi District, for installing water purifier in that school. Hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner was involved in selling of banned tobacco products to the school students. Hence, he opposed to grant bail to the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.

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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, Tenkasi, and on further conditions that: (a)as per the undertaking given by the petitioner, the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the Government Higher Secondary School, Kayoor - Kadayam, Tenkasi 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; 3/5

(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;

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

sd/- 27/03/2024 / TRUE COPY / 27/03/2024 Sub-Assistant Registrar ( Liasoning ) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, TENKASI.

4 THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TENKASI DISTRICT.

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

COPY TO:

THE HEAD MASTER / HEAD MISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, KAYOOR - KADAYAM, TENKASI DISTRICT

ORDER

IN CRL OP(MD) No.4786 of 2024 Date :27/03/2024 SA/SAR. /27.03.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5