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Madras High CourtCRL OP(MD)/14973/2022granted

Thanislash v. The Inspector Of Police

2022-08-23Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14973 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14973 of 2022 Thanislash ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Town South Police Station, Thanjavur District.

(Crime No.924/2022).

... Respondent/Complainant For Petitioner : M/s.Arun Prasad A, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.924/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 07.08.2022 for the alleged offence under Section 328 IPC and Section 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.924 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 07.08.2022, the accused was found in illegal possession of banned tobacco products. Hence, the complaint.

3.The learned Government Advocate (Crl.Side) submitted that the petitioner is having previous case at his credit. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner also filed an undertaking that he will not commit any similar offence in future. Hence, prays for bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14973 of 2022 5.Considering the facts and circumstances of the case, the affidavit filed by the petitioner that he will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent 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, Thanjavur, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 23/08/2022 / TRUE COPY / 23/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER-INCHARGE, SUB-JAIL, THANJAVUR.

4. THE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.14973 of 2022 Date :23/08/2022 pnm USK/PN/SAR-III/23.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2