Hakkim v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Hakkim ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Cumbum North Police Station, Theni District (Crime No. 188 of 2022).
... Respondent/Complainant For Petitioner : M/s. Eswaran.M, Advocate.
For Respondent : Mr.P. Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 188 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 269, 270, 272, 273 and 328 IPC and Under Section 6(b), 24
(1) of Cigarette and others Tobacco Products Act, 2003 in Crime No.188 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that while the defacto complainant was in routine check up, the petition herein is said to have found in possession of 100 Ganesh Beedi and Gool Lip - 40 Packets without permission. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this 1/3
case. He further submitted that the petitioner has filed an undertaking affidavit before the respondent police that he will not indulge in such activities in future.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the undertaking affidavit filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Uthamapalayam, Theni District on condition that the petitioner shall execute a 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
8.If any violation is noticed against the undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.
sd/- 21/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
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3. THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12191 of 2022 Date :21/07/2022 RK/SVR/SAR-III/28.07.2022/3P/5C 3/3