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Madras High CourtCRL OP(MD)/15335/2022granted

Somasundaram v. The Inspector Of Police

2022-08-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.15335 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15335 of 2022 Somasundaram ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

Crime No. 139 of 2022. ... Respondent/Complainant For Petitioner : M/s.Sathya Chidambaram.S, 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.139 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 15.08.2022 for the alleged offence under Section 328 IPC and Sections 6(b), 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.139 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.08.2022, the accused was found in illegal possession of banned tobacco products, in front of Theerthapathi Higher Secondary School. 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 is ready to file 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.15335 of 2022 5.Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit 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, Ambasamudram, Tirunelveli District, 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.

If any violation, the order shall stands cancelled automatically, without further reference to this Court and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 25/08/2022 / TRUE COPY / 25/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4. THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.S.SATHIYA CHIDAMBARAM, Advocate ( SR-9040[I] dated 25/08/2022 )

ORDER

IN CRL OP(MD) No.15335 of 2022 Date :25/08/2022 USK/PN/SAR-II/25.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2