S.Duraisamy v. The Inspector Of Police

CRL OP(MD). No.12603 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12603 of 2022 S.Duraisamy ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Muneerpallam Police Station, Tirunelveli.

(Crime No. 176 of 2022). ... Respondent/Complainant For Petitioner : M/s.MANIVELPANDIAN.M.M, For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 176 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC, Sections 6, 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.176 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on inspection, the accused persons were found in possession of 71 bags of banned tobacco products. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and not committed any offence as alleged by the prosecution. The petitioner is not having any previous case pending against him. Hence, prays to release him on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case and the investigation is not yet completed. 5.Considering the nature of charges levelled against the petitioner and that the petitioner is not having any bad https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12603 of 2022 antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.5, Tirunelveli and on his executing 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 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 13/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.5 TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, MUNEERPALLAM POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S. MANIVELPANDIAN.M.M Advocate SR.No.31851 (F) Date:15/07/2022.

ORDER

IN CRL OP(MD) No.12603 of 2022 Date :13/07/2022 SA/VR/SAR.1/25.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2