Sudhakar @ Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2024 PRESENT The Hon'ble Mr.Justice ABDUL QUDDHOSE Sudhakar @ Pandi ... Petitioner/Accused No.2

Versus

State through The Inspector of Police, Bodi Town Police Station, Bodinayakanur, Theni District.

Crime No.108/2024 ... Respondent/Complainant For Petitioner : M/s.D.Saranya Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.108 of 2024 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 12.04.2024, for the offences punishable under Sections 273, 328 IPC and Sections 6 and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.108 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.04.2024 at 15.00hrs., the petitioner was found in possession of banned Ganesh Tobacco Products. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 12.04.2024. She further submits that A1 was already enlarged on bail by the trial Court. Therefore, she prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case. 2/6

5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

6. This Court, while granting bail in this matter, has taken into consideration (a) gravity of the crime, (b) character of the evidence, (c) position and status of the accused with reference to the victim and witnesses, (d) likelihood of the accused fleeing from justice and repeating the offence, (e) possibility of the accused (petitioner) tampering with the witnesses and obstructing the course of justice.

7. It is also settled law that at the time of consideration of bail application, it is neither necessary nor desirable to weigh the evidence meticulously to arrive at a positive finding as to whether or not the accused (petitioner) has committed the alleged offences. What is to be seen is whether there is a reasonable ground for believing that accused (petitioner) is not guilty of the offence he is charged with.

8. The Court has to strike a balance between the rights of the accused (petitioner) to his liberty and the interest of the society. Liberty of an accused (petitioner) cannot be snatched unreasonably for an uncertain time only on the basis of mere allegations.

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9. After taking into consideration the aforementioned factors, this Court is inclined to grant bail to the petitioner subject to fulfilment of the following conditions by him.

i. The petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinayakanur, Theni District.

ii. The petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

iii. the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required. iv. The petitioner shall not tamper with evidence or witness either during investigation or trial;

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v. The petitioner shall not abscond either during investigation or trial; vi. 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 ;

vii.If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

10.Accordingly, this Criminal Original Petition stands ordered. sd/- 08/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 5/6

TO

1. THE JUDICIAL MAGISTRATE COURT, BODINAYAKANUR, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.

3. THE OFFICER IN CHARGE, DISTRICT JAIL, THENI.

4. THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, BODINAYAKANUR, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6908 of 2024 Date :08/05/2024 RK (08/05/2024) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6