Naga Arjun Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Naga Arjun Raj, ... Petitioner/Accused No.1 Vs The Inspector of Police, Allinagaram Police Station, Theni District Crime No.159/2024.

... Respondent/Complainant For Petitioner : M/s.Dinesh.K, 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.159/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 18.05.2023 in connection with the offence under Sections 272, 273 and 328 of IPC and Sections 6(b) and 24(1) of COTPA Act, in Crime No.159 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products. Hence, the case. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is languishing in jail from 18.05.2023. 4.The learned Additional Public Prosecutor for the respondent submits that this is the petitioner's second application for bail and the earlier bail application in Crl.O.P.(MD)No.8167 of 2024 was dismissed by this Court on 05.06.2024 on the ground that the petitioner has three previous cases of similar in nature. 5.Considering the nature of offence and 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 on the following conditions:- i) The petitioner shall execute 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, Theni;

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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;

iii) The petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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. The petitioner 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/- 19/06/2024 / TRUE COPY / 19/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE THENI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, PERIYAKULAM.

4 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO M/s.Dinesh.K, ADVOCATE IN SR No.6714 dated 20/06/2024

ORDER

IN CRL OP(MD) No.8929 of 2024 Date :19/06/2024 SS/SAR- /19/06/2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4