Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.09.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Velmurugan ... Petitioner/Accused No.1 Vs State represented through The Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli Distict.

Crime No.181 of 2022 ... Respondent/Complainant For Petitioner : Mr.V.Angusamy, 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.181 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 24.08.2022 for the offences punishable under Sections 328 of IPC and Section 6(b) and 24(1) of Cigarette and other Tobacco products Acts (COTPA), 2003, in Crime No.181 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner/A1 and other two accused persons were in illegal possession of Tobacco products weighing 4.290 Kgs, worth about Rs.8,268/-. Hence the complaint.

3.On the side of the petitioner it is stated that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case and pray the petitioner to be released on bail. 4.The learned Additional Public Prosecutor stated that the petitioner/A1 is not having any previous case and he is in custody for more than 20 days and pray the petition to be dismissed. 1/3

5.Considering the period of incarceration of the petitioner, this Court is inclined to release the petitioner on bail on the following conditions:

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.281 of 2022 before the learned Judicial Magistrate No.5, Tirunelveli, Tirunelveli, without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court.

7.On such deposit being made, the petitioner is ordered to be released on bail, on executing a bond on executing 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 Judicial Magistrate Court-V, Tirunelveli, and on further conditions that: (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., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 15/09/2022 / TRUE COPY / 15/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-10010[I] dated 15/09/2022 )

ORDER

IN CRL OP(MD) No.16607 of 2022 Date :15/09/2022 pnn RS/SBN/SAR.3 (15.09.2022) 3P-7C 3/3