Selvaraj v. The Inspector Of Police

CRL OP(MD). No.15754 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15754 of 2022 Selvaraj ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

Crime No. 179 of 2022.

... Respondent/Complainant For Petitioner : M/s.LAWRANCE.J, Advocate.

For Respondent : Mr.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.179 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 06.08.2022 for the alleged offence under Sections 273, 328 IPC and Sections 7(2), 20(2) of Cigarette and other Tobaco Products Act, 2003 and Section 4(1)(aa) of Tamil Nadu Prohibition Act, in Crime No.179 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is said to have found in possession of banned tobaco materials in 16 sacks bags and IMFL Liquor Bottles numbering 482 each containing 180 ML of Liquor in the car bearing Regn.No.TN 10 AX 564 Maruthi Breezza. Hence, a case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner and the investigation is pending.

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CRL OP(MD). No.15754 of 2022 5.Considering the period of incarceration and the fact that there is no previous case pending against 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 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, Periyakulam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 01/09/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE DISTRICT PRISON, THENI.

4 THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, PERIYAKULAM, THENI DISTRICT.

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

+1. CC to M/S.LAWRANCE.J Advocate SR.No.9380

ORDER

IN CRL OP(MD) No.15754 of 2022 Date :01/09/2022 TRP SA/PN/SAR.4/02.09.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2