Kayambu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kayambu ... Petitioner/ Sole Accused Vs The State rep.by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
(Crime No. 303 of 2022) ... Respondent/Complainant For Petitioner : M/s.SULTHAN BASHA J, 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. 303 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 272, 273 and 328 of IPC, in Cr.No.303 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was found in illegal possession of 71 number of Ganesh tobacco and 70 numbers of Cool lip tobacco, which were banned by the Government. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. However, he would further submit that the petitioner shall abide any condition imposed by this Court. 4.The learned Government Advocate (crl.side) would submit that the property has been recovered and the petitioner is having two previous cases of similar in nature and the investigation is still pending.
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5. Considering the nature of charges levelled against the petitioner and also the facts that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner shall pay a sum of Rs.2,000/- (Rupees two Thousand only) to the Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt before the learned Judicial Magistrate No.I, Sivakasi. 7.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sivakasi, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 20/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE ROJAVANAM, HOME FOR AGED AND POOR, MDAURAI.
+1. CC to M/S. SULTHAN BASHA J Advocate SR.No.10238 (I) (Date:20/09/2022)
ORDER
IN CRL OP(MD) No.16825 of 2022 Date :20/09/2022 cp SA/GB/SAR.1/03.10.2022/3P/7C 3/3