S.Mohammed Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18134 of 2018 S.MOHAMMED ALI ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.474/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.THALAIMUTHARASU, Advocate. For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(a) r/w 24(1) of Cigarette and other Tobacco Products Act, 2003 r/w 328 of IPC in Crime No.

474 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 30.09.2018 when the respondent police involved in patrol duty, the respondent police found that huge quantity of tobacco products, which were banned by the Government in the Godown belonging to the petitioner. 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 defacto complainant. Therefore, he seeks anticipatory bail.

4.Heard the learned Additional Public Prosecutor appearing for the State.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner with

certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyoor, 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.G.THALAIMUTHARASU, Advocate, SR.No.19325.

ORDER

IN CRL OP(MD) No.18134 of 2018 Date :10/10/2018 RAM/PN/SAR 3/12.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/