A.Mariyappan v. The Inspector Of Police

CRL OP(MD). No.14127 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14127 of 2022 A.Mariyappan, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District.

(Crime No.190/2022).

... Respondent/Complainant For Petitioner : Mr.G.Thalaimutharasu, Advocate. For Respondent : P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 190/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 328 of IPC and Sections 6(b) and 24(1) of Cigarette and other Tobacco Products Act 2003, in Crime No.190 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in possession of prohibited tobacco products i.e., 12 packets of Ganesh Tobacco of 15 pouches and 18 packets of Bullatrani, Conance of 30 pouches and cash of Rs.100/-. Therefore, the present case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case. The petitioner has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the tobacco products are worth about https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14127 of 2022 Rs.3,600/-. He further submitted that no previous case is pending against this petitioner.

5.Considering the facts and circumstances of this case and also considering the fact that there is no previous case pending against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, before the learned Judicial Magistrate No.I, Srivilliputhur, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.THALAIMUTHARASU, Advocate (SR-8256[I]

ORDER

IN CRL OP(MD) No.14127 of 2022 Date :04/08/2022 ksa PKP/SVR/SAR-2/17.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2