Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI MURUGESAN, ... PETITIONER/SOLE ACCUSED VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT (CRIME.NO.165 OF 2022) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.SUSI KUMAR.C, ADVOCATE.

FOR RESPONDENT : MR.M.VAIKKAM KARUNANITHI, GOVERNMENT ADVOCATE (CRL.SIDE) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 165 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded judicial custody on 26.04.2022 for the offences punishable under Sections 328 and 24(1) Cigarette and other Tobacco Products Act 2003, in Crime No.165 of 2022, on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submits that the petitioner is the sole accused and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. 3.The learned Government Advocate(Crl.side) appearing for the respondent submits that the investigation is almost completed and 1/3

also submitted that no previous case is pending against this petitioner.

4.The petitioner is the sole accused and investigation is almost completed and the petitioner is in custody from 26.04.2022. 5.Accordingly, 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, Thiruchendur. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. Sd/- 18/05/2022 / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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, THIRUCHENDUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

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3.THE OFFICER INCHARGE, SUB-JAIL, SRIVAIKUNTAM.

4. THE INSPECTOR OF POLICE, THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT..

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

+1cc to MR.C.SUSI KUMAR,Advocate, SR.No.4708 DATED:18.05.2022

ORDER

IN CRL OP(MD) No.9132 of 2022 Date : 18/05/2022 GC/SKN/SAR-2(18.05.2022) 3P 7C 3/3