Sathiyamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Sathiyamoorthy ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

Crime No.241 of 2022.

... Respondent/Complainant For Petitioner : M/s.V.Sasikumar, Advocate.

For Respondent : E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.241 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 24(1) of Cigarette and Tobacco Product Act, in Crime No. 241 of 2022, seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner was in possession of Tobacco products kept for sale in a tea shop. A case in Crime No.241 of 2022, was registered against the petitioner. 3.On the side of the petitioner, it is stated that only father of the petitioner is runnning a shop. The petitioner is doing computer service and he is no way connected with the case and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution, it is stated that the petitioner is the sole accused in the case. He is running the shop and the products are seized only from his shop. It is fairly admitted that there is no previous case pending against the petitioner.

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5.Considering the nature of the offence and considering the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.241 of 2022 before the trial 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 in the event of arrest or on his appearance, before the learned Judicial Magistrate, Radhapuram, within a period of fifteen days from the date of receipt of a copy of this order, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (e)on breach of any of the aforesaid conditions, the learned 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, RADHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, THISAIYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16073 of 2022 Date :06/09/2022 LS RS/VR/SAR.4 (09.09.2022) 3P-5C 3/3