Madras High CourtCRL OP(MD)/16449/2023granted

Karthik v. The Inspector Of Police

2023-09-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karthik ... Petitioner/Sole Accused Vs The State, through The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

(Crime No.581 of 2023). ... Respondent/Complainant For Petitioner : Mr.P.R.BOOMEE RAJAN, Advocate. For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor. PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.581 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 19.08.2023 for the alleged offence under Sections 328 IPC r/w. 20(1) of Cigarette and other Tobacco Products Act, 2003 and Section 77 of Juvenile Justice (Care and Protection of Children) act, 2015, in Crime No.581 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused was found in possession of banned tobacco products worth about Rs.20,000/- nearby a School to sell it to the 1/4

School going children. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only).

4. The learned Additional Public Prosecutor for the respondent police submitted that the petitioner is having no previous case at his credit. The total worth of banned tobacco products, which were seized from the accused is Rs.20,000/-

5. Considering the antecedents of the petitioner and his willingness to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Cr.No.581 of 2023 before the trial Court concerned. Further, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without 2/4

prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, 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) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District, and on further conditions that the petitioner shall file an undertaking affidavit before the trial Court that they will not indulge in any offence in future and 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/- 12/09/2023 / TRUE COPY / 13/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THIRUVIDAIMARUTHUR.

4 THE INSPECTOR OF POLICE, THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT. 3/4

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

1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.

ORDER IN CRL OP(MD) No.16449 of 2023 Date :12/09/2023 SA/SAR. /13.09.2023/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4