Shanmuga Sundararajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Shanmuga Sundararajan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.259/2022). ... Respondent/Complainant For Petitioner : M/s.Saravanakumar.C, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.259/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 27.11.2022, for the offences punishable under Section 328 IPC, Sections 6, 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.259 of 2022, seeks bail. 2.The case of the prosecution is that the accused persons were found in illegal possession of banned tobacco products, to the value of Rs.87,360/-. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence, as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 27.11.2022. Hence, prays for bail. 4.The learned Additional Public Prosecutor would vehemently opposed to enlarge the petitioner on bail, on the ground that he is having two previous cases at his credit in Crime Nos.208 of 2017, 742 of 2020 and he was found in possession of banned tobacco products worth about Rs.87,360/-.

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5.In response, the learned counsel for the petitioner would submit that the previous cases were filed in the year 2017 and 2020, the petitioner does not have any case for the past two years. However, to show his bona fides, he is ready to donate/deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in any Welfare Scheme of Government.

6.Heard both sides. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner's readiness to deposit amount in any Welfare Scheme, this Court is inclined to grant bail to the petitioner on certain conditions.

7.Accordingly, the petitioner shall made a donation/nonrefundable deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Dean, Medical College Hospital, Tirunelveli, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. However, it is made clear that the deposit being made by the petitioner, would not amount of admission of guilt by him. 8.(a)On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail on condition to execute a 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, Cheranmahadevi and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

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(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/12/2022 / TRUE COPY / 20/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

COPY TO:

THE DEAN, MEDICAL COLLEGE HOSPITAL, TIRUNELVLEI.

+1. CC to M/S.SARAVANAKUMAR.C Advocate SR.No.15142

ORDER

IN CRL OP(MD) No.22270 of 2022 Date :20/12/2022 PNM SA/VR/SAR. /20.12.2022/3P/8C 3/3