K.Selvam v. The Inspector Of Police

CRL OP(MD). No.12517 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12517 of 2023 K.Selvam, ... Petitioner/ Sole Accused Vs State through The Inspector of Police, Usilampatti Town Police Station, Madurai.

In Crime No.315 of 2023.

... Respondent/Complainant For Petitioner : Mr.BALASUBRAMANIAN.V 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.315 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole Accused, who was arrested on 27.06.2023 for the alleged offence under Sections 328 of IPC and 7(1), 20(1) of COTPA Act, 2003, in Crime No.315 of 2023 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioner was carried two bags of Tobacco in his two wheeler bearing Registration Number TN 69 AZ 9814 from Usilampati to Perayur Main road and the same was seized by the respondent Police. The petitioner was arrested and remaned in judicial custody from 27.06.2023.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 27.06.2023 and the previous bail application that was filed by the petitioner was dismissed by the Principal District Court, Madurai, on 05.07.2023.

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CRL OP(MD). No.12517 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is not having any previous case.

5.Considering the fact and circumstances of this case and considering the period of incarceration and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions; 6.Accordingly, this Criminal Original Petition is allowed and 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 No.I, Usilampatti, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. sd/- 10/07/2023 / TRUE COPY / 10/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI.

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

+1. CC to M/S.BALASUBRAMANIAN V Advocate SR.No.10428 (I) Dt.10/07/2023.

ORDER

IN CRL OP(MD) No.12517 of 2023 Date :10/07/2023 SA/VR/SAR. /10.07.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2