← Library
Madras High CourtCRL OP(MD)/10672/2022ordered

Muniyandi v. The Inspector Of Police

2022-06-16Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Muniyandi ... Petitioner/Accused No.1 Vs The State represented by its The Inspector of Police, Rajapalayam North Police Station, Rajapalayam, Virudhunagar District.

(Crime No.97 of 2022). ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.97 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.1, who was arrested and remanded to judicial custody on 29.04.2022 for the offences punishable under Section 328 IPC and Sections 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.97 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had sold prohibited tobacco products in his petti shop and the respondent police seized tobacco products from his shop worth about Rs.3480/-. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

1/3

4.The learned Government Advocate (Criminal Side) would submit that the petitioner is having 16 previous cases and all of them were already disposed of.

5.Considering the nature of the charges levelled against the petitioner and also the facts that the petitioner is in judicial custody from 29.04.2022 and that the property has been recovered, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Rajapalayam.

7.On production of such receipt/acknowledgment, 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, Rajapalayam.

(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 daily at 10.30 a.m., for a period of one month 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]. (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 16/06/2022 / TRUE COPY / 16/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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, RAJAPALAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

4. THE OFFICER-INCHARGE, SUB-JAIL, SRIVILLIPUTHUR.

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

COPY TO :

THE OFFICER-INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, GOVERNMENT OF TAMIL NADU, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.10672 of 2022 Date :16/06/2022 CSM USK/PN/SAR-III/16.06.2022/3P/7C 3/3