Sudhakar 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 Sudhakar ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No. 222 of 2022).

... Respondent/Complainant For Petitioner : M/s.C.Senthil Murugan 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.222 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 15.09.2022 for the offences punishable under Sections 272, 273 and 328 of IPC and Section 24 (1) of Cigarette and other Tobacco Products Act, 2003 and Section 57 of Food Safety and Standards Act, 2006, in Crime No.222 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the Government banned tobacco products belonged to the petitioner was seized while he was travelling. 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, are 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 no previous case is pending against A1/petitioner and he is in custody for a period of 18 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 Court, Devakottai, 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.25,000/- (Rupees Twenty Five Thousand only)to the credit of Karthika Public Educational and Charitable Trust, SB Account No.497663303, Indian Bank, Mayiladurai, Branch Code-00165, IFSC Code: IDIB000M023, 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 daily 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.

gbg / pnn 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, 2/3

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, DEVAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 4 THE OFFICER INCHARGE, SUBJAIL,SIVAGANGAI.

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

COPY TO:

THE OFFICER INCHARGE, THE KARTHIKA PUBLIC EDUCATIONAL AND CHARITABLE TRUST, MAYILADURAI.

+1. CC to M/S.SENTHIL MURUGAN C Advocate SR.No.10941

ORDER

IN CRL OP(MD) No.17756 of 2022 Date :06/10/2022 PKP/SVR/SAR IV/24.09.2022/ 3P/ 8C 3/3