Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karthikeyan ... Petitioner/Single Accused Vs The State rep.by, The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

Crime No.189 of 2022..

... Respondent/Complainant For Petitioner : M/s.Niresh Kumar R, Advocate.

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

PRAYER :- For Bail in Crime No.189 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 12.07.2022 for the alleged offences under Sections 272, 273, 328 of IPC and 6(b), 24(1) of COTP Act, 2003, in Crime No.189 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 24 pks of Cool Lip, 12 pks of Ganesh and 701 banned tobacco products for selling to the public and the school going students. Hence, present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any 1/3

offence as alleged by the prosecution. As per the direction of this Court, he filed an undertaking affidavit that he will not indulge in such criminal activities in future. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that that in pursuance of the direction of this Court, the petitioner has filed affidavit, this Court may consider the bail application of the petitioner.

5.Considering the period of incarceration and also considering the fact that the affidavit filed by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Rajapalayam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7.If any violation is noticed, bail granted by this Court, shall stand automatically cancelled without reference to this Court. After releasing on bail, the petitioner must file a copy of the above said affidavit before the concerned Magistrate Court and send another copy to the concerned Police Station. sd/- 28/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, SUB JAIL, SRIVILLIPUTHUR.

4 THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

2/3

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

+1. CC to M/S.NIRESH KUMAR R Advocate SR.No.7803

ORDER

IN CRL OP(MD) No.13338 of 2022 Date :28/07/2022 RK/SVR/SAR-II/29.07.2022/3P/7C 3/3