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Madras High CourtCRL OP(MD)/13665/2023granted

Gajendran v. The Inspector Of Police

2023-07-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gajendran ... Petitioner/Accused No.2 Vs The State, represented by The Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.112 of 2023).

... Respondent/Complainant For Petitioner : Mr.A.Balaji, 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.112 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the 1/4

respondent police for the alleged offence punishable under Sections 6(b), 24(1) Cigarette and other Tobacco Products Act, 2003 r/w. 328 of IPC and 4(1)(a) of TN Prohibition Act, in Crime No.112 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons were found in illegal possession of tobacco products and Karnataka State liquors for selling without any permission.

3. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioner is not having any previous cases.

4. Considering the facts anc circumstances of this case and considering that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

5. 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.II, Virudhunagar, on condition that the petitioner shall 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 2/4

Section 438 Cr.P.C. scrupulously.

6. 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/- 26/07/2023 / 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.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.BALAJI.A Advocate SR.No.11400 3/4

ORDER

IN CRL OP(MD) No.13665 of 2023 Date :26/07/2023 SA/MR/SAR. /03.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4