Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ramakrishnan ... Petitioner/Accused No.3 Vs The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime No.221/2024.

... Respondent/Complainant For Petitioner : M/s. Deenadhayalan.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :-For Bail in Crime No. 221 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/5

25.07.2024 for the offences punishable under Sections 275, 123 BNS, 2023 and Sections 7(1) and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.221 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused were illegally transported 96.500 Kgs of banned tobacco products. Hence, the case.

3. Heard the learned counsel on either side and perused the material records of the case.

4.Considering the facts and circumstances of the case and considering nature of allegation and also considering the undertaking given by the petitioner that he will deposit a sum of rupees 10,000/- to the account mentioned in the order and also the nature of products recovered, I am inclined to enlarge the petitioner on bail with certain conditions.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 2/5

learned Judicial Magistrate, Pattukkottai, Thanjavur. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [ii] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Headmistress, Government Higher Secondary School, E.Malampatti, Melur Taluk, Madurai District. (Account No.10662832760, CIF No; 80521814092, IFSC Code: SBIN0000258, State Bank of India, Melur Branch, Madurai), without prejudice to his rights and contentions before the trial Court; Only upon deposit, the petitioner shall be enlarged on anticipatory bail. (iii) the petitioner shall report before the respondent Police, daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

[iv] the petitioner shall not tamper with evidence or witness; [v] the petitioner shall not abscond during trial. 3/5

[vi] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/08/2024 / TRUE COPY / 09/08/2024 Sub-Assistant Registrar (PA-II ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

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3.THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

4.THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR.

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

COPY TO THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, E.MALAMPATTI, MELUR TALUK, MADURAI DISTRICT.

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-9748[I] dated 09/08/2024 )

ORDER

IN CRL OP(MD) No.13027 of 2024 Date :09/08/2024 RK (09/08/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5