Madras High CourtCRL OP(MD)/12883/2023granted

Praveen v. The Inspector Of Police

2023-07-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Praveen ... Petitioners/Accused No.2 Vs State represented by The Inspector of Police, Thirumangalam Town Police Station, Madurai.

Crime No.265 / 2023.

... Respondent/Complainant For Petitioners : M/s.P.Venkatesan, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.265 / 2023 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 284, 328 of IPC and Section 24(1) of Cigarette and other Tobacco Products Acts 2003 in Crime No.265 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were in illegal possession of banned Tobacco products.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. On the basis of the confession statement of the first accused, this petitioner has been implicated in this case.

4. The learned Additional Public Prosecutor would submit that the contraband has been recovered from the first accused. No previous case has been registered against the petitioner herein.

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5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case and considering the fact that no previous case has been registered against the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thirumangalam, Madurai, on condition that the petitioners shall execute 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 Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI.

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

ORDER IN DATE: 14.07.2023 RK /BUC(28/07/2023) 4P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4