Madras High CourtCRL OP(MD)/16635/2023granted

Murugan v. The Inspector Of Police

2023-09-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Murugan

2. Mahendran

3. Natarajan ... Petitioners/Accused Nos.1 to 3 Vs The State rep.by, The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

Crime No.284 of 2023 ... Respondent/Complainant For Petitioner : M/s.Alexander J, 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.284 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners / Accused herein, who was arrested on 22.08.2023 for the alleged offence under Sections 328 of IPC, 1860 and Sections 6(b) and 24(1) of Cigarette and other Tobacco Products Acts, 2003 in Crime No.284 of 2023, on the file of the respondent police, seek bail.

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2. The case of the prosecution as per the defacto complainant version is that on 22.08.2023 at about 08.00 a.m., when the respondent police were in vehicle check up near Rajapalayam Thendran Nagar, found the petitioners with illegal possession of totally 7.785kgs of banned Tobacco products in a two wheeler. On the basis of the occurrence, they recovered the properties and registered the present case. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Hence, they seek for the relief of bail.

4. The learned Additional Public Prosecutor would submit that the petitioners were in illegal possession of nearly 7 kgs of banned Tobacco products worth about Rs.5,160/-. and the petitioners / accused Nos.1 and 2 are not having any previous cases.

5. Considering the period of incarceration and also the quantity of the contraband, this Court is inclined to grant relief to the petitioners. 2/4

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are 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, Rajapalayam, Virudhunagar District and the petitioners are directed to file an undertaking affidavit before the trial Court that they will not indulge themselves in such offences in future and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 14/09/2023 / TRUE COPY / 14/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO

1. The Judicial Magistrate, Rajapalayam, Virudhuangar District.

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ srivilliputtur.

3. The Officer in charge, Virudhunagr District Jail, Virudhunagar. 3/4

4.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.ALEXANDER, Advocate ( SR-13644[I] dated 14/09/2023 )

ORDER

IN CRL OP(MD) No.16635 of 2023 Date :14/09/2023 RK (14/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4