Elangovan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Elangovan

2. Sivasakthi ... Petitioners No.1 & 2/Accused No.2 & 3 Vs State Rep.by The Inspector of Police, Vilakkuthoon Police Station, Madurai City.

(Crime No.115/2023).

... Respondent/Complainant For Petitioners : M/s.R.Gandhi, Senior Counsel for M/s.Gandhi Associates, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.115/2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners /A2 and A3 who were arrested and remanded to judicial custody on 11.04.2023 for the offences under sections 328 of IPC and section 6(b)r/w.24(i) of Cigarette and other Tobacco Products Act,2003 in Crime No.115 of 2023 on the file of the respondent police seek bail.

2. The case of the prosecution is that the petitioners along with other accused were found in illegal possession of banned tobacco products weighing 163kgs worth about Rs.1,63,000/-, hence the case.

3. Heard. Perused the materials available on record including the First Information Report. It is reported that four similar previous cases are pending against the petitioner. 1/3

4. It is seen that there are totally three accused in this case and the petitioners herein are arrayed as A2 and A3 The entire contraband has been recovered. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two blood related sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.

I, Madurai and on further conditions that :- [a] 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. [b] the petitioners shall make a non refundable deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties. Further the petitioners shall also file an undertaking affidavit before the trial Court that they will not indulge in similar type of activities again.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 26/04/2023 / TRUE COPY / 26/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, VILAKATHOON POLICE STATION, MADURAI CITY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, CMPRF, SECRETARIAT, CHENNAI - 9.

+1 CC to M/s.GANDHI ASSOCIATES, Advocate ( SR-6587[I] dated 26/04/2023 )

ORDER

IN CRL OP(MD) No.7949 of 2023 Date :26/04/2023 RS/VR/SAR-2(26.04.2023) 3P 8C 3/3