Mansoor Alikhan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13166 of 2023 Mansoor Alikhan ... Petitioner/ Accused No.2 Vs State represented by The Inspector of Police, Thirumangalam PEW Police Station, Madurai District.

Crime No.785 of 2023.

... Respondent/Complainant For Petitioner : M/s.G.R.Sathish For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.785 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 21.06.2023 for the alleged offence under Sections 328 of IPC and Section 7(1), 20(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.785 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.06.2023, when the police were in patrol duty intercepted the car and found that the petitioner along with the first accused were transporting banned 175 Kgs of tobacco products in their vehicle and recovered the contraband and filed a case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case and seeks bail. 4.The learned Additional Public Prosecutor would submit that the co-accused have been released and the petitioner is having two previous cases.

5. Considering the fact that co-accused have been released on bail and considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

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, Thirumangalam, and on further condition that the petitioner is directed to file an undertaking affidavit that he will

not commit any similar offence in the future and on violation of the condition, the relief of bail granted to the petitioner will automatically cancelled and the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 26/07/2023 / TRUE COPY / 26/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.The Judicial Magistrate, Thirumangalam.

2.Do through The Chief Judicial Magistrate,Madurai.

3.The Officer in Charge, Sub Jail, Thirumangalam. 4.The Inspector of Police, Thirumangalam PEW Police Station, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.13166 of 2023 Date : 26/07/2023 MGJ(26.07.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023