Jawahar Batcha v. The Inspector Of Police
CRL OP(MD). No.15847 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15847 of 2022 1.Jawahar Batcha 2.Kazhil ... Petitioners/Accused 2 & 3 Vs The State rep.by, The Inspector of Police, Swamimalai Police Station, Thanjavur District (Crime No. 605 of 2022).
... Respondent/Complainant For Petitioners : Mr.Raghavachari.V, Advocate.
For Respondent : M/S.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 605 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners are facing charges under Section 273 and 328 IPC and Section 24(i) of Cigarette and other Tobacco Products Act, 2003 in Cr.No.605 of 2022 on the file of the respondent police. 2.The case of the prosecution is that on 26.08.2022 at about 01.00 pm., when the respondent police was as usual on patrol duty near the place of occurrence, they found that the petitioners were in possession of 18 bags, which contains each 50 pockets of tobacco. Hence, the complaint.
3.The learned Government Advocate (Crl.side) for the respondent submits that the 1st accused has been arrested and remanded to judicial custody.
4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Kumbakonam, on condition that the petitioners https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15847 of 2022 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 am., until further orders. The petitioners shall comply with the condition stipulated under 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 shall stand dismissed.
sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3.THE INSPECTOR OF POLICE, SWAMIMALAI POLICE STATION,THANJAVUR DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2. CC to M/S.RAGHAVACHARI.V Advocate SR.No.9553
ORDER
IN CRL OP(MD) No.15847 of 2022 Date :02/09/2022 RK/VRS/SAR-I (12/09/2022) 2P/7C https://www.mhc.tn.gov.in/judis 2/2