Jeyaraj v. The Inspector Of Police(Circle)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jeyaraj ... Petitioner/Accused No.1 Vs 1.The State Rep.by The Inspector of Police(Circle), Kuruvikulam Police Station, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District.

2.The Sub Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

Crime No.273/2021.

... Respondents/Complainants For Petitioner : Mr.P.M.Vishnuvarthanan, Advocate.

For Respondents: Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.273 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 12.12.2021 for the offence under Sections 328 IPC & Section 24(1) of Cigarette and Tobacco Products Act, 2003, in Crime No.273 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 12.12.2021 at about 08.30AM, on search by police party, the first accused was found in possession of 52 packets of banned product ie., Ganesh 701 Poyilai worth about Rs.500/- and the same was purchased from the second accused. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that there was pressure on the side of the police to give evidence 1/3

against the second accused, because of that only he was implicated in this case. He would further submit that he is an innocent and not committed any such offence, as alleged by the prosecution and that the petitioner is in custody from 12.12.2021. Hence, he seeks bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner was already booked for similar offence and released on station bail on 11.01.2021 and on the next day he was found selling the same banned tobacco products, hence this case has been registered against the petitioner and that the petitioner is continuously engaged in selling banned products.

5.In response, the learned counsel appearing for the petitioner would submit that he is ready to file an undertaking affidavit that he will not indulge any kind of offence in future. 6.Reading of records shows that the petitioner is continuously engaged in selling banned products. However, considering the period of incarceration undergone by the petitioner and his readiness to file an undertaking, this Court is inclined to grant bail to the petitioner with certain conditions.

7.In this regard, the petitioner shall file an undertaking affidavit before the trial Court that the petitioner will not indulge any offence in future and he will not sell the banned products henceforth. If any case is registered against the petitioner in further, the bail that has been granted in this case, is automatically cancelled without reference to this Court. 8.On production of such receipt/acknowledgment and undertaking, 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 Judicial Magistrate, Sankarankovil, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 03/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. 2/3

TO

1. THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE OFFICER INCHARGE,SUB JAIL, AMBASAMUDRAM.

4. THE INSPECTOR OF POLICE(CIRCLE), KURUVIKULAM POLICE STATION, KURUVIKULAM, THIRUVENGADAM TALUK, TENKASI DISTRICT.

5. THE SUB INSPECTOR OF POLICE, THIRUVENGADAM POLICE STATION, TENKASI DISTRICT.

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

+1CC to M/s.P.M.VISHNUVARTHANAN, Advocate (SR-4[I] dated 03/01/2022)

ORDER

IN CRL OP(MD) No.20553 of 2021 Date :03/01/2022 PNM MS/CN/SAR-2/03.01.2022/3P.8C 3/3