Saravanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Saravanakumar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

Crime No.149 of 2023.

... Respondent/Complainant For Petitioner : Mr.S.Karthikeyan, Advocate For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.149 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/1st Accused, who was arrested on 01.08.2023 for the alleged 1/4

offence under Sections 328 IPC and Section 7 and 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.149 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 10.08.2023 at about 16.00 hours, on receipt of information, the respondent Police went to the VVR colony and MGR colony at Allampatti, Mathanayakanpatti Road, at that time, the petitioner was found in illegal possession of Ganesh Tobacco products containing 15 pouches each and another 8 pockets. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any such offences as alleged by the prosecution. The petitioner is in custody from 01.08.2023. Hence, prays to release him on bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having fourteen previous case, out of which, twelve cases were disposed of.

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5.Considering the facts and circumstances of this case, even though the petitioner is not having good conduct, considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar, and further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court.

sd/- 07/09/2023 / TRUE COPY / 08/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3. THE OFFICER INCHARGE, SUB JAIL, ARUPPUKKOTTAI.

4. THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 cc to MR.S.KARTHIKEYAN, Advocate SR-13352

ORDER

IN CRL OP(MD) No.16224 of 2023 Date :07/09/2023 RK (07/09/2023) 4P /7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4