Raja v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Raja, ... Petitioner/ Accused No.1 Vs The State of Tamil Nadu represented by the Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.
(Crime No.400 of 2024) ... Respondent / Complainant For Petitioner : Mr.R.Anand, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.400 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial 1/5
custody on 16.10.2024 for the alleged offences under Sections 6, 7 and 24(1) of Cigarette and Other Tobacco Products Acts, 2003 read with 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.400 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons were found in possession of 132 Kgs of banned tobacco products. There are totally 5 accused persons in this case and the petitioner has been arrayed as A1.
3. The petitioner filed the earlier bail petition in Crl.OP(MD).No.19665 of 2024 and the same was dismissed as withdrawn by this Court by an order dated 14.11.2024.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 16.10.2024 and taking note of the fact that there is one previous case against the petitioner and also considering the fact that the entire tobacco products have already been seized and this Court had enlarged A5 on bail in Crl.OP(MD).No.21188 of 2024 by order dated 04.12.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:
2/5
6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 No.III, Thoothukudi, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 06/12/2024 / TRUE COPY / 06 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3 THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE OFFICER INCHARGE SUB JAIL, PERURANI, THOOTHUKUDI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ANAND, Advocate ( SR-15066[I] dated 06/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.21463 of 2024 Date :06/12/2024 PSP/ /SAR /06.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5