Rajaperumal v. The Inspector Of Police

CRL OP(MD). No.11937 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11937 of 2022 Rajaperumal ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Pappakudi Police Station, Tirunelveli District.

Crime.No.98 /2022.

... Respondent/Complainant For Petitioner : Mr.A.P.Muthupandian Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.98 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/1st accused herein, who was arrested on 15.06.2022 for the alleged offence under Section 328 of IPC r/w Section 6(b), 24(i) of Cigarettes and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.98 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.06.2022 at about 05.00 pm., when the respondent police was as usual on patrol duty near the place of occurrence, they found that the petitioner was in possession of 61 pockets of Ganesh, 701 Tobacco pockets each contains 20 gms., worth about Rs.488/- and 6 pockets of cool lit filter tobacco. Hence, the complaint.

3.The learned Government Advocate (Crl.side) for the respondent submits that the petitioner is having 4 previous cases, among which 3 cases are similar in nature.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11937 of 2022 4.Considering the period of incarceration and also considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam, Tirunelveli District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. An affidavit of undertaking must be filed by the petitioner, after release from the prison before the concerned Court stating that he will not indulge in such sort of illegal activities in future.

If any violation is noticed and if any new case is registered against the petitioner, then the bail that has been granted by this Court in this petition will stand automatically cancelled without further reference to this Court. sd/- 06/07/2022 / TRUE COPY / 06/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ALANGULAM, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to Mr.A.P.MUTHU PANDIAN, Advocate(SR-6668[I] dated 06/07/2022) ORDER IN CRL OP(MD) No.11937 of 2022 Date :06/07/2022 MM MK/PN/SAR.IV/06.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2