Mohamed Kani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mohammed Kani, ... Petitioner/Accused-1 in Crl.O.P.(MD)No.8849 of 2024 Mathavan ... Petitioner/Accused -2 in Crl.O.P.(MD)No.8875 of 2024 Vs The Inspector of Police, Keerathurai Police Station, Madurai District.

Cr.No.240 of 2024.

... Respondent/Complainant in both petitions In both petitions:

For Petitioner : M/s.Amalan.SMP., Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

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COMMON PRAYER :- For Bail in Crime No.240 of 2024 on the file of the respondent police COMMON ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested on 14.05.2024 in connection with the offence under Sections 272, 273 and 328 of IPC and Section 24(1) of COTPA Act, in Crime No.240 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners were found in illegal possession of banned tobacco products. Hence, the case. 3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners are languishing in jail from 14.05.2024. 4.The learned Additional Public Prosecutor for the respondent raised serious objections that the petitioners were found in illegal possession of banned tobacco products.

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5.However, the learned counsel for the petitioners submits that the petitioners have changed their attitude and they have also deposited a sum of Rs.80,000/- to the credit of the Chief Educational Officer, Madurai, for the purpose of constructing toilets or smart classrooms in any Government Schools within the District. 6.Taking into consideration of the facts and circumstances of the case and the change of attitude of the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:- i) The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.4, Madurai; ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in 3/5

proof of their residence address;

iii) The petitioners shall file an undertaking affidavit before the respondent police stating that they will not indulge in any such offence in future. Further, the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 18/06/2024 / TRUE COPY / 18/06/2024 Sub-Assistant Registrar (VIGILANCE ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate No.4, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Keerathurai Police Station, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2CC to M/s.SMP.AMALAN, Advocate ( SR-6611, 6612[I] dated 18/06/2024 )

ORDER

IN Date :18/06/2024 RK/(18/06/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5