Muniyandi v. The Inspector Of Police

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.16328 of 2022 Muniyandi ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Malli Police Station, Virudhunagar District.

(Crime No.89 of 2022). ... Respondent/Complainant For Petitioner : Mr.Karunanithi M, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.89 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Section 328 IPC and 6 (b), 24(i) of Cigarette and other Tobacco Products Act, 2003 in Cr.No.89 of 2022 on the file of the respondent police. 2.The case of the prosecution is that on 04.09.2022, 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 ganesh packets. Hence, the complaint. 3.The learned Government Advocate (Crl.side) for the respondent submits that the petitioner is having no previous case.

4.In the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner 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/- 09/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) 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, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, MALLI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.KARUNANITHI M Advocate SR.No.9859

ORDER

IN CRL OP(MD) No.16328 of 2022 Date :09/09/2022 SP/SVR/SAR II/15/09/2022/3P/6C