Radhakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Radhakrishnan, ... Petitioner/Sole Accused Vs The Inspector of Police, Pavoorchatram Police Station, Cr. No. 237/2024 Tenkasi District.

... Respondent/Complainant For Petitioner : Mr.C. Susikumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 237 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.07.2024 for the offences punishable under Section 123 BNS, 2023 and Section 24(1) 1/5

of Cigarette and other Tobacco Products Act, 2003, in Cr.No.237/2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was illegal possession of 771 grams of banned tobacco products. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he is in judicial custody from 13.07.2024 and hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public prosecutor would submit that petitioner was illegal possession of banned tobacco products and he is having one previous case. The investigation is almost completed and he strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

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6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate, Tenkasi.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial; v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] and (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/07/2024 / TRUE COPY / 23/07/2024 Sub-Assistant Registrar (LIASONING) Madurai Bench of Madras High Court, Madurai - 625 023.

ls TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

4.THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-8362[I] dated 23/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.1128 5 of 2024 Date :23/07/2024 RK (23/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5