Madras High CourtCRL OP(MD)/11388/2024ordered

Mohamed Riyaskhan v. The Inspector Of Police

2024-07-24Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.11388 of 2024

1. Mohamed Riyaskhan,

2. Pathmanapan, ... Petitioners/Accused Vs The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

Crime No.403/2024..

... Respondent/Complainant For Petitioners : M/s.Sankar S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS / 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 403 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 10.07.2024 for the offences punishable under Sections 123 of BNS and 24

(1) of COPTA Act, 2003 in crime No.403 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioners herein have illegally found in possession of banned Toabcco products worth about Rs.20,000/- and the same has been recovered. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been false implicated in this case. He would further submit that the petitioners are in judicial custody from 10.07.2024, hence they may be granted bail.

4.The learned Additional Public Prosecutor would submit that the petitioners are not having any previous case and the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioners. 5.Considering the submissions made by the learned counsel on either side and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a 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, Thiruvidaimaruthur Thanjaur District;

(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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 24/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 JUDICIAL MAGISTRATE THIRUVIDAIMARUTHUR 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.

3 THE SUPERINTENDENT, SUB JAIL, THIRUVIDAIMARUTHUR.

4 THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.11388 of 2024 Date :24/07/2024 RE (24.07.2024) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.