Sheik Mohamed v. The Inspector Of Police

CRL OP(MD). No.12131 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12131 of 2023 Sheik Mohamed, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Arimalam Police Station, Pudukottai District (Crime No.89 of 2023).

... Respondent/Complainant For Petitioner : M/s.ARUN PRASAD.A, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.89 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 23.06.2023 for the alleged offence under Sections 6(a) & 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 328 & 273 of IPC, in Crime No.89 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on secret information the respondent police went to MSA Departmental Store, where they found different kinds of Tobacco Products totally weighing about 5.08 kgs. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that investigation is pending.

5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12131 of 2023 6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) to the credit of Cr.No.89 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7.On such deposit being made, 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, Thirumayam and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. The petitioner was directed to file an undertaking affidavit to the effect that he will not indulge in such activities. sd/- 05/07/2023 / TRUE COPY / 05/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE, ARIMALAM POLICE STATION, PUDUKOTTAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12131 of 2023 Date :05/07/2023 SA/SSS/SAR. /05.07.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2