A. Kajamaideen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A.Kajamaideen ... Petitioner/Sole Accused Vs State, through the The Inspector of Police, Siruganur Police Station, Trichy District.

Crime No.549 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.Atham Ali, Advocate.

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

PRAYER :- For Bail in Crime No.549 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 21.08.2021, for the offence punishable under Section 320 IPC r/w. Sections 6(a) & 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Cr.No.549 of 2021 seeks bail.

2. The case of the prosecution is that on receiving secret information, the Police officials raided the petitioner's shop, where, they found that he was in possession of 50 packets of banned tobacco products in his shop.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. However, the petitioner is languishing in jail from 21.08.2021. Hence, he prayed for grant of bail. He further submits that the mother of the petitioner has filed an undertaking affidavit before this Court that her son/the petitioner herein will not indulge in any criminal offence in future. 1/3

4. The learned Government Advocate (Crl. Side) opposed for grant of bail on the ground that the investigation is yet to be completed.

5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner, the period of incarceration and the undertaking affidavit filed by the mother of the petitioner before this Court that her son will not indulge in any such offence in future, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is ordered. The petitioner is directed to be released on bail 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 Judicial Magistrate, Lalgudi, Trichy, and on further conditions that:

[a] 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 pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Tamil Nadu Chief Minister's Relief Fund and produce the receipt/acknowledgment before the concerned Court while executing sureties.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[d]the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, LALGUDI, TRICHY DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT,CENTRAL JAIL, TRICHY.

4. THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.13008 of 2021 Date :08/09/2021 OGY MS/PN/SAR-3/08.09.2021/3P.7C 3/3