R.Poomariappan v. The Inspector Of Police
CRL OP(MD). No.9535 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9535 of 2022 R.Poomariappan ... Petitioner/Sole Accused Vs.
The State rep.by, The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.
(Crime No.211/2022) ... Respondent/Complainant For Petitioner : MR.C.Christopher, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.211 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 14.04.2022 for the offences punishable under Section 328 of IPC and Section 24(1) of Cigarette and other tobacco products Act and Section 77 of Juvenile Justice (Care and Protection of Children), Act in Crime No.211 of 2022, on the file of the respondent police, seeks bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent police. 3.A car was found in possession of tobacco products worth about Rs.75,000/- and cash of Rs.12,000/-, in which the accused was travelling and he was arrested on the spot. Hence, this case. 4.The learned counsel appearing for the petitioner submits that the petitioner is not the owner of the case and he is no way connected to the alleged offence and he is in judicial custody from 14.04.2022 onwards and hence, he prays for grant of bail. 5.The learned Government Advocate submits that the petitioner is having on previous case and he opposed for grant of bail to the petitioner.
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CRL OP(MD). No.9535 of 2022 6.Accordingly, the petitioner is ordered to be released on bail on condition to pay Rs.10,000/- (Rupees ten thousand only) to the Advocate Clerks Association, Madurai Bench of Madras High Court and 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 No.I, Kovilpatti, Thoothukudi District.
(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 cards or Bank Pass Books to ensure their identity;
(ii)the petitioner shall report before the respondent police every Wednesday at 10.30 a.m., for a period of two weeks; (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.
TO 1 THE JUDICIAL MAGISTRATE NO.I,KOVILPATTI.
2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI.
4 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ADVOCATE CLERKS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI-625 023. +1 CC to M/s.C.CHRISHTOPHER, Advocate ( SR-4711[I] dated 18/05/2022 ) ORDER IN CRL OP(MD) No.9535 of 2022 Date :18/05/2022 MK/JM/SAR.II/18.05.2022/2P/8C https://hcservices.ecourts.gov.in/hcservices/ 2/2