R.Veerasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN R.Veerasamy ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Karivalam Vanthanallur Police Station, Tenkasi District.

(Crime No.359/2022.

... Respondent/Complainant For Petitioner : M/s.KARTHICK.R.J., Advocate.

For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.359/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 272, 273, 328 IPC and Section 24(1)of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, in Cr.No.359 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that during the patron duty the petitioner has found in possession of banned Tobacco Products worth Rs.2,85,000/- and the same has been seized. Hence, the complaint.

3. The learned counsel for the petitioner would submit the petitioner is innocent and his name has been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that the petitioner is having one previous case in similar nature and the investigation of the case is pending.

1/3

5.Considering the facts and circumstances of the case and also considering the fact that the contra band has been seized, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, 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, Sankarankovil, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Annai Sathiya Ammaiyar Memorial Government Children Home (, Dr.Thangaraj Colony, K.K.Nagar, Madurai - 625 020, (Account No:-37487255860, IFSC Code:- SBIN0007922, State Bank of India, Madurai)without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(b), petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, KARIVALAM VANTHANALLUR POLICE STATION, TENKASI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE ANNAI SATHIYA AMMAIYAR MEMORIAL GOVERNMENT CHILDREN HOME, DR.THANGARAJ COLONY, K.K.NAGAR, MADURAI-625 020.

ORDER

IN CRL OP(MD) No.17027 of 2022 Date :22/09/2022 TRP SA/VRS/SAR.1/29.09.2022/3P/6C 3/3