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Madras High CourtCRL OP(MD)/18709/2022granted

Kingslin v. The Inspector Of Police

2022-10-19Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kingslin ... Petitioner/Accused A2 Vs The State rep.by, The Inspector of Police, Kovilpatti West Police Station, Dindigul District.

Crime No. 536/2022. ... Respondent/Complainant For Petitioner : M/s.Arul V, 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. 536 of 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 offence punishable under Sections 328 IPC and section 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime.No.536 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 19.09.2022 at about 11.00 pm when the defacto complainant and his police party were in night Bonthobast duty, the petitioner and other accused have illegally found in possession of 165 Kgs of Tobacco products and the same has been recovered. Hence, the complaint.

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

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4.The learned Government Advocate(Crl.Side) would submit that totally five accused involved in this case and the petitioner herein is A2. He would further submit that some of the co-accused have already been arrested and released on bail. He would further submit that investigation of the case is pending and strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the property has been recovered, 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 No.II, Kovilpatti, Thoothukudi District, 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 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;

(b) the petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the Rajaji Hospital (the said amount should be transferred to cancer Institute) (Account No:-7097546149, IFSC Code:- IDIB000T003, Indian Bank, Tallakulam Branch) without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(c) the petitioner shall appear 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 2/3

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/- 19/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1.THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, DINDIGUL DISTRICT.

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

COPY TO THE OFFICER IN CHARGE, RAJAJI HOSPITAL, MADURAI.

+1 CC to M/s.V.ARUL, Advocate ( SR-11711[I] dated 20/10/2022 )

ORDER

IN CRL OP(MD) No.18709 of 2022 Date :19/10/2022 RK/GB/SAR-1 (31/10/2022) 3P/7C 3/3