V.Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN V.Karthikeyan ... Petitioner/Sole Accused Vs The Inspector of Police, Bodinayakanur Police Station, Theni District.

(Crime No. 178/2024, ) ... Respondent/Complainant For Petitioner :

M/s.C. Susikumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 178 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.06.2024 for the offences punishable under Sections 273, 328 IPC and Section 6, 24(1) of COTP Act in crime No.178 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein has illegally found in 1/4

possession of banned Tobacco Products worth about Rs.5,000/- and the was seized. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 18.06.2024, hence, he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the petitioner herein has illegally found in possession of banned Tobacco Products worth about Rs.5,000/- and the same was recovered. He would further submit that the petitioner herein is having one previous case and the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and that the property has been seized and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate, Bodinayakanur and on further condition that; (i) the sureties shall affix their photographs and left thumb impression in the 2/4

surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)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; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. v)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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/07/2024 / TRUE COPY / 08/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

To 1.The Judicial Magistrate, Bodinayakanur.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Bodinayakanur Police Station, Theni District.

4.The Officer Incharge, Sub Jail, Periyakulam.

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

ORDER

IN CRL OP(MD) No.10032 of 2024 Date :08/07/2024 ED/ /SAR- (08/07/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4