Venkatesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Venkatesh ... Petitioner/Accused No.1 Vs The state Rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

Crime No.1049 of 2021.

... Respondent/Complainant For Petitioner : M/s.Pon Karthikeyan R, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1049 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 28.10.2021 for the offences punishable under Sections 328 of IPC and Section 77 of Juvenile Justice(Care and Protection of Children) Act, 2015 and 24(1) of Cigaratte and other Tobacco Products Act, in Crime No.1049 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the petitioner is in judicial custody from 28.10.2021. He would further submit that the petitioner was taking treatment at Kovilpatti Government Hospital and later he was referred to Tirunelveli Medical College Hospital, hence he seeks bail.

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4.The learned Additional Public Prosecutor for the respondent police would submit that the petitioner is not having previous cases for similar offence. He would also submit hat the property has been recovered.

5.Considering the facts and circumstances of the case and also the facts that the petitioner is in judicial custody from 28.10.2021, that the property has been recovered, that the petitioner is not having previous cases for similar offence and that the petitioner is taking medical treatment, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti. i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

[ii] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. vi) If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/11/2021 / TRUE COPY / / /2021 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 NO.I, KOVILPATTI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE OFFICER INCHARGE,SUB JAIL, KOVILPATTI.

4. THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-8378[I] dated 23/11/2021 )

ORDER

IN CRL OP(MD) No.17686 of 2021 Date :23/11/2021 AAV MS/VR/SAR-2/23.11.2021/3P.7C 3/3