C.R Veerapandian @ Veera Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN C.R Veerapandian @ Veerakumar, ... Petitioner/Accused 2 Vs The Inspector of Police, Thirumanagalam Taluk Police Station, Madurai District.

Crime No. 116 of 2023. ... Respondent/Complainant For Petitioner : M/s Pandiyaraj.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 116 of 2023 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 section 328 I.P.C r/w. Sections 6(b) and 24(1) of Cigarette and Other Tobacco Products Act, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused found in illegal possession of 300 Tobacco Ganesh Pockets and 576 Pockets of Cool Lip. Hence the case. 1/3

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate, Thirumangalam, Madurai 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned failing which, the petition for anticipatory bail shall stand dismissed and on further condition that (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the M.S.Chellamuthu Trust and Research Foundation, Alagarkovil, Madurai (Account No.11194450660, IFSC Code-SBIN0001479, State Bank of India, Vinayaganagar Branch, No.8, Dr.Ambedkar Road, Madurai-20)and shall produce the receipt before the concerned Magistrate at the time of executing sureties and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (c)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation; Further the petitioner shall also file an undertaking affidavit before the respondent police that he will not indulge in such type of activities again. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3

(g)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judicial Magistrate, Thirumangalam, Madurai District

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

3. The Officer, M.S.Chellamuthu Trust and Research Foundation, AlagarKovil, Madurai.

4. The Inspector of Police, Thirumanagalam Taluk Police Station, Madurai District.

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

+1 CC to M/s.S.PANDIYARAJ, Advocate ( SR-9142[I] dated 20/06/2023 )

ORDER

IN CRL OP(MD) No.10920 of 2023 Date :20/06/2023 DL/MGA(23.06.2023)/ 3P/ 7C 3/3