Maheshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Maheshwaran ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Keelarajakularaman Police Station, Srivilliputhur Town, Virudhunagar District.

(Crime No.144 of 2023) ... Respondent/Complainant For Petitioner :

Mr.M.Thirunavukkarasu, Advocate For Respondent :

Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.144 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.10.2023 for the alleged offence punishable under Section 328 IPC r/w Sections 6(b), 24(1) of the Cigarette and other Tobacco Products Acts, 2003 in Crime No.144 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 10.10.2023, when the police party on patrol duty, they searched the petitioner and the petitioner was found in illegal 1/4

possession of 9 sachets of coolip, contained in 29 bundles. Hence the case. 3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 10.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner was in illegal possession of banned tobacco and hence, he strongly objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the nature of allegations made against the petitioner and also the fact that no previous case is pending against the petitioner and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Rajapalayam and on further conditions that:

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(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. (iv) 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 Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/10/2023 / TRUE COPY / 19/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, KEELARAJAKULARAMAN POLICE STATION, SRIVILLIPUTHUR TOWN, VIRUDHUNAGAR DISTRICT.

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4 THE OFFICER INCHARGE, SUB JAIL, SRIVILLIPUTHUR. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate (SR-15422[I] dated 19/10/2023)

ORDER

IN CRL OP(MD) No.18985 of 2023 Date :19/10/2023 RS//SAR-(19.10.2023) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4