Murali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Murali ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, Pettai Police Station, Tirunelveli District.

(Crime No.206 of 2022).

... Respondent/Complainant For Petitioner : M/s.K.K.Samy, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.206 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 17.09.2022 for the offences punishable under Sections 328 of I.P.C and 6 (b), 24(1) of Cigarette & other Tobacco Products Act, 2003, in Crime No.206 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the Government banned tobacco products were seized from the petitioner. 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. However, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the products worth about Rs.9,160/- was recovered from the petitioner and he further submit that the petitioner is in custody for 19 days. 5.Considering the above and also the nature of the charges levelled against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain 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.V, Tirunelveli District,and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Aram Seya Virumbu, Bank Name: Tamil Nadu Mercantile Bank, Branch: Ambasamudram, Account Number: 423150050800264, IFSC Code: TMBL0000423, without prejudice to his rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount. [c]the petitioner shall report before the respondent police every wednesday at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation. [d]the petitioner shall not tamper with the 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]. sd/- 06/10/2022 / TRUE COPY / 06/10/2022 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.V TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI.

4 THE INSPECTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, ARAM SEYA VIRUMBU, AMBASAMUDRAM.

+1. CC to M/S. SAMY.K.K Advocate SR.No.10936

ORDER

IN CRL OP(MD) No.17739 of 2022 Date :06/10/2022 gbg/pnn SA/VR/SAR IV/24.09.2022/ 3P/ 8C 3/3