Prabakaran v. The Inspector Of Police
CRL OP(MD). No.18164 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18164 of 2022 Prabakaran ... Petitioner/Accused No.2 Vs The State Rep. By, The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
(Cr No.372/2022).
... Respondent/Complainant For Petitioner : M/s.Mahendrapathy S, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.372/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 16.09.2022 for the offences punishable under Sections 284 and 328 IPC and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.372 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of banned tobacco products worth about Rs.16,320/-. 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. He would further submit that the co-accused was already released on bail and the petitioner is in judicial custody from 16.09.2022 and hence, he may be released on bail. 4.The learned Government Advocate (Crl. side) appearing for the respondent police strongly opposed this petition stating that the petitioner and other accused were found in illegal possession of banned tobacco products worth about Rs.16,320/-. He would further submit that the petitioner is having no previous case. 1/2
CRL OP(MD). No.18164 of 2022 5.Considering the facts and circumstances of the case and also considering the nature of the offence and also the fact that the petitioner is in judicial custody from 16.09.2022, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, 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, Thirumangalam.
(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 not abscond during trial. 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]. sd/- 12/10/2022 / TRUE COPY / 12/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18164 of 2022 Date :12/10/2022 sji USK/SBN/SAR- /12.10.2022/2P/6C 2/2