Kamaraj 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 Kamaraj ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Pappakudi Police Station, Tirunelveli District, (Crime No.126 of 2023).
... Respondent/Complainant For Petitioner :
M/s.M.Sankar, Advocate For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no.126 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 13.07.2023 for the alleged offence under Section 328 IPC and Section 6(b), 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.126 of 2023, on the file of the respondent police, 1/4
seeks bail.
2.The case of the prosecution is that on 13.07.2023, the accused persons were found in illegal possession of banned tobacco products worth about Rs.2,10,850/-. Hence, the complaint.
3.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.
4.The learned Additional Public Prosecutor submitted that the petitioner is having one previous case similar in nature at his credit. Considering the nature of offence and huge quantity, prays to dismiss the petition. 5.Considering the facts and circumstances of the case, though the petitioner is having previous case, considering the readiness of the petitioner to file an affidavit that he will not indulge in any offence in future 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 on condition that the petitioner shall deposit a sum of Rs.2,10,850/-(Rupees Two Lakhs Ten Thousand Eight Hundred and Fifty only) to the credit of Cr.No.126 of 2023 before the trial 2/4
Court concerned, without prejudice to his rights and contentions before the trial Court.
7.On such deposit being made, 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, Alangulam, Tenkasi 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 and that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court. sd/- 28/07/2023 / TRUE COPY / 28/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM, TENKASI DISTRICT. 3/4
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.
+1 CC to M/s.M.SANKAR, Advocate ( SR-11466[I] dated 28/07/2023 )
ORDER
IN CRL OP(MD) No.13891 of 2023 Date :28/07/2023 RS//SAR-(28.07.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4