Ashok Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Ashok Kumar
2. Priya @ Guruvammal ... Petitioners/Accused No.1 & 3 Vs The State represented by The Inspector of Police, Sivakasi East Police Station, Viruthunagar District.
(Crime No.342 of 2023).
... Respondent/Complainant For petitioners : Mr.Sivakumar Advocate for M/s.Law Shine For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.342 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 328 of IPC and 6 (b) & 24(1) of Cigarette and other Tobacco Products Acts 2003, in Crime No.342 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners are having possession of banned tobacco products.
3.The learned counsel for the petitioners submitted that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. However, to show their bona fide, the petitioners have come forward to deposit the amount imposed by this Court.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners are having possession of totally 30.5 Kgs. worth about Rs.16,200/- banned tobacco products.
5. Considering the antecedents of the petitioners and their willingness to deposit the amount, this Court is inclined to grant anticipatory bail to the petitioners.
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6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners 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, and further sum of Rs.11,200/- (Rupees Eleven Thousand and Two Hundred only) to the credit of Crime No.342 of 2023 before the trial Court, without prejudice to his rights and contentions before the trial Court
7. On such deposit being made, petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioners shall execute a 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 Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
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8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 19/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
JM TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAKASI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUTHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.
+1 CC to M/s.R.SIVAKUMAR RAJAPPAN, Advocate ( SR-13884[I] dated 20/09/2023 )
ORDER
IN CRL OP(MD) No.16897 of 2023 Date :19/09/2023 SS/GB/27/09/2023/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5