Sakthivel Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sakthivel Murugan ... Petitioner/Accused No.2 Vs The Inspector of Police, Puliyarai Police Station, Tenkasi District.
Crime No.120 of 2024 ... Respondent/Complainant For Petitioner :
Mr.S.Vishnuvardhan, Advocate.
For Respondent :
Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL UNDER SEC 439 OF CR.P.C.
PRAYER :- For Bail in Crime No.120 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.120 of 2024 for the offence under Section 328 I.P.C and Sections 6 (b) and 24 (1) Cigarette and other Tobacco Products Act, 2003, and remanded him into judicial custody on 09.05.2024. Therefore, the petitioner has filed this petition seeking bail. 1/4
2. The case of the prosecution is that the petitioner was found in possession of 20 bags of Tobacco Products.
3. The learned counsel for the petitioner submits that the petitioner is innocent and he is in noway connected in this case. However, the petitioner was arrested and he is languishing in jail on 09.05.2024. Therefore, he prays for grant of bail. He further submits that the petitioner to show his bonafide, has deposited a sum of Rs.50,000/- for the Welfare activities to the Government School to the C.E.O, Tenkasi, without prejudice to his defence before the trial Court.
4. The learned Government Advocate (Crl.side) appearing for the respondent opposed this petition on the ground that the investigation is pending.
5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Shencottai, Tenkasi District. ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; 2/4
iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter shall appear as and when required by the respondent police. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS/RJR TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI, TENKASI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PULIYARAI POLICE STATION, TENKASI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, TENKASI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.8163 of 2024 Date :12/06/2024 RS//SAR-(12.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4