Madras High CourtCRL OP(MD)/14012/2022granted

Thilakkumar v. The Inspector Of Police

2022-08-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14012 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14012 of 2022

1. Thilakkumar

2. Manikandan

3. Murugan

4. Raja ... Petitioners/Accused No.1 to 4 Vs The State rep.by, The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

Crime No.265 of 2022. ... Respondent/Complainant For Petitioners : Mr.A.Thiyagarajan, 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.265 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4 herein, who were arrested on 23.07.2022 for the alleged offences under Sections 273 and 328 IPC r/w Section 7 and 20(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.265 of 2022 the file of the respondent police, seek bail.

2.The case of the prosecution is that on the basis of the secret information, the respondent police conducted vehicle checkup at Viralimalai-Kondamanayakkanpatti, and at that time, the petitioners were found in possession of 180.378 kgs of banned products. Hence, the complaint.

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CRL OP(MD). No.14012 of 2022 3.The learned counsel for the petitioners submitted that petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 23.07.2022. 4.The learned Government Advocate (Crl.side) for the respondent submits that the 1st petitioner is having no previous case, the 2nd petitioner is having 6 previous cases, which involved nuisance case, the 3rd petitioner is having 1 previous case, which also involved nuisance case and was also disposed of and the 4th petitioner is having 1 previous case, which involved Lottery Act. 5.Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Illuppur Taluk, Pudukkottai District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 08/08/2022 / TRUE COPY / 08/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.II, ILLUPPUR TALUK, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.14012 of 2022 Date :08/08/2022 MK/PN/SAR.II/08.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2