Meetha Ram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Meetha Ram ... Petitioner / Accused No.3 Vs The State, rep by The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

(Crime No.292 of 2023).

... Respondent / Complainant For Petitioner : Mr.D.Rameshkumar, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.292 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(a), 24(1) of 1/4

Cigarette and other Tobacco Act, 2003, in Crime No.292 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that during patrolling near Santhanapuram, the respondent Police found one School child having banned Tobacco products in his hand. During the course of enquiry, they found that the first accused sold the same in his footwear shop to the school children. Hence, they arrested the first accused on his confession, the petitioner and his father were implicated in this case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has been falsely implicated in this case for the statistical purpose.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the property was seized and no previous case is pending against the petitioner. Further, accused No.1 and 4 were arrested and remanded to judicial custody and the second accused, who is the father of this petitioner is absconding.

5. Considering the fact that the petitioner is not involved in any other previous case, the property was recovered, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.1, Pudukkottai, on condition that the petitioner shall 2/4

execute a 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate No.I, Pudukkottai.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

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

ORDER

IN CRL OP(MD) No.13180 of 2023 Date :28/07/2023 ED/VR/SAR- (03/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4