N.Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN N.Senthilkumar ... Petitioner/Sole Accused Vs State represented by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.288/2023.

... Respondent/Complainant For Petitioner :

Mr.J.Jeyakumaran, Advocate.

For Respondent :

MR.B.Nambiselvan, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.288 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 21.07.2023 for the alleged offence under Sections 77 Juvenile Justice (Care and Protection of Children) Act, Sections 6(b), 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime 1/4

No.288 of 2023, on the file of the respondent police, seeks bail.

2. The prosecution case is that the defacto complainant lodged a complaint stating that when he was regulating the traffic near the Corporation Higher Secondary School, Sivakasi East, Ammankovilpatti, Southern Side, one of the student informed that the petitioner, who came in a two wheeler bearing Registration Number TN 67 AS 5691, in the Coporation Higher Secondary School, sold the banned tobacco products to the School children. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. There is no recovery from the petitioner.

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

5.Considering the facts and circumstances of this case and considering the duration of custody and the petitioner is not having any previous cases, this Court is inclined to grant bail to the petitioner with certain conditions; 6.Accordingly, this Criminal Original Petition is allowed and 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 No.II, Sivakasi, and on further condition that the 2/4

petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

sd/- 08/08/2023 / TRUE COPY / 08/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

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

3 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-11974[I] dated 08/08/2023 )

ORDER

IN CRL OP(MD) No.14471 of 2023 Date :08/08/2023 RS//SAR-(08.08.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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