Shajahan v. The Inspector Of Police

CRL OP(MD). No.16321 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16321 of 2022 Shajahan ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Thenkarai, Theni District.

Crime No.337 of 2022.

... Respondent/Complainant For Petitioner : Mr.Karunakaran K.M., Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.337 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 21.08.2022 for the alleged offence under Section 6(b), 24(i) of Cigarette and other Tobacco Products Act, 2003 in Cr.No.337 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.06.2022 at about 05.00 pm., when the respondent police was as usual on patrol duty near the place of occurrence, they found that the petitioner was in possession of banned tobacco and gutka packets. Hence, the complaint.

3.The learned Additional Government Pleader for the respondent submits that the petitioner is having one previous case. 4.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16321 of 2022 5.Accordingly, 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, Periyakulam, Theni District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

6.An affidavit of undertaking must be filed by the petitioner, after release from the prison before the concerned Court stating that he will not indulge in such sort of illegal activities in future. If any violation is noticed and if any new case is registered against the petitioner, then the bail that has been granted by this Court in this petition will stand automatically cancelled without further reference to this Court. sd/- 09/09/2022 / TRUE COPY / 09/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, PERIYAKULAM, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, PERIYAKULAM.

4 THE INSPECTOR OF POLICE THENKARAI, THENI DISTRICT.

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

+1. CC to M/S.KARUNAKARAN K.M. Advocate SR.No.9826.

ORDER

IN CRL OP(MD) No.16321 of 2022 Date :09/09/2022 MM MK/VR/SAR.III/09.09.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2